ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 377/11

Judgment of the General Court of 12 November 2013 — Deutsche Post v Commission

(Case T-570/08 RENV) (1)

(State aid - Postal service - Decision requiring the production of information - Appropriate nature of the time-limit - Obligation to state reasons - Relevance of the information requested)

2013/C 377/24

Language of the case: German

Parties

Applicant: Deutsche Post (Bonn, Germany) (represented by: J Sedemund, T. Lübbig and M. Klasse, lawyers)

Defendant: European Commission (represented by: B. Martenczuk and T. Maxian Rusche, Agents)

Re:

Application for annulment of the Commission’s decision of 30 October 2008, requiring information to be provided in the proceedings relating to State aid to Deutsche Post AG [C 36/2007 (ex NN 25/2007)].

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deutsche Post AG to pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 234/35

Judgment of the General Court of 8 July 2010 — Engelhorn v OHIM — The Outdoor Group (peerstorm)

(Case T-30/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark peerstorm - Earlier Community and national word marks PETER STORM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of the earlier marks - Articles 15 and 43(2) of Regulation No 40/94 (now Articles 15 and 42(2) of Regulation No 207/2009))

2010/C 234/61

Language of the case: English

Parties

Applicant: Engelhorn KGaA (Mannheim, Germany) (represented by: W. Göpfert and K. Mende, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: The Outdoor Group Ltd (Northampton, United Kingdom) (represented by: M. Edenborough, Barrister)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 28 October 2008 (Case R 167/2008-5), relating to opposition proceedings between The Outdoor Group Ltd and Engelhorn KGaA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Engelhorn KGaA to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of The Outdoor Group Ltd.

(1) OJ C 82, 4.4.2009.
EN Official Journal of the European Union C 113/44

Judgment of the General Court of 9 March 2010 — hofherr communikation GmbH v OHIM (NATURE WATCH)

(Case T-77/09) (1)

(Community trade mark - International registration designating the European Community - Word mark NATURE WATCH - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2010/C 113/71

Language of the case: English

Parties

Applicant: hofherr communikation GmbH (Innsbruck, Austria) (represented by: S. Warbek, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 December 2008 (Case R 1410/2008-1) concerning the international registration, designating the European Community, of the word sign NATURE WATCH.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders hofherr communikation GmbH to pay the costs.

(1) OJ C 90, 18.4.2009.
EN Official Journal of the European Union C 13/24

Judgment of the General Court of 10 November 2010 — OHIM v Simões Dos Santos

(Case T-260/09) (1)

(Appeal - Cross-appeal - Civil service - Officials - Promotion - 2003 promotion procedure - Merit points reset at zero and their total recalculated - Compliance with a judgment of the General Court - Res judicata - Legal basis - Non-retroactivity - Legitimate expectation - Material damage - Loss of opportunity for promotion - Non-material damage)

2011/C 13/47

Language of the case: French

Parties

Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, agent, and D. Waelbroeck, lawyer)

Other party to the proceedings: Simões Dos Santos (Alicante, Spain) (represented by: A. Creus Carreras, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 5 May 2009 in Case F-27/08 Simões Dos Santos v OHIM, not published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Paragraphs 2 to 25 of the operative part of the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 5 May 2009 in Case F-27/08 Simões Dos Santos v OHIM are annulled.

2. The main appeal and the cross appeal are dismissed as to the remainder.

3. The case is referred back to the Civil Service Tribunal.

4. The costs are reserved.

(1) OJ C 220, 12.9.2009.
EN Official Journal of the European Union C 317/28

Judgment of the General Court of 7 October 2010 — Deutsche Behindertenhilfe — Aktion Mensch v OHIM (diegesellschafter.de)

(Case T-47/09) (1)

(Community trade mark - Application for Community word mark diegesellschafter.de - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

2010/C 317/51

Language of the case: German

Parties

Applicant: Deutsche Behindertenhilfe — Aktion Mensch eV (Mayence, Germany) (represented by: V. Töbelmann and A. Piltz, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 November 2008 (Case R 1094/2008-1), concerning an application for registration of the word sign diegesellschafter.de as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Deutsche Behindertenhilfe — Aktion Mensch eV to pay the costs.

(1) OJ C 102 of 1.5.2009.
EN Official Journal of the European Union C 46/11

Judgment of the General Court of 16 December 2010 — Ilink Kommunikationssysteme v OHIM (ilink)

(Case T-161/09) (1)

(Community trade mark - Application for Community word mark ilink - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2011/C 46/20

Language of the case: German

Parties

Applicant: Ilink Kommunikationssysteme GmbH (Berlin, Germany) (represented by: B Schütze, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 February 2009 (Case R 1849/2007-4), relating to registration of the word sign ‘ilink’ as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ilink Kommunikationssysteme GmbH to pay the costs.

(1) OJ C 153 of 4.7.2009.
EN Official Journal of the European Union C 38/12

Judgment of the General Court of 16 December 2010 — Council v Stols

(Case T-175/09 P) (1)

(Appeal - Public service - Promotion - Comparative examination of the merits - Manifest error of assessment - Distortion of the evidence)

2011/C 38/20

Language of the case: French

Parties

Appellant: Council of the European Union (represented by: M. Bauer and G. Kimberley, Agents)

Other party to the proceedings: Willem Stols (Halsteren, Netherlands) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 17 February 2009 F-51/08 Stols v Council [2009] ECR II-0000, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 17 February 2009 in Case F-51/08 Stols v Council [2009] ECR II-0000;

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

3. Reserves the costs.

(1) OJ C 167,18.7.2009.
EN Official Journal of the European Union C 139/16

Judgment of the General Court of 22 March 2011 — Access Info Europe v Council

(Case T-233/09) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Document concerning an ongoing legislative procedure - Partial refusal of access - Action for annulment - Period allowed for bringing proceedings - Admissibility - Disclosure by a third party - Interest in bringing proceedings not lost - Identification of the Member State delegations which made proposals - Exception relating to the protection of the decision-making process)

2011/C 139/31

Language of the case: English

Parties

Applicant: Access Info Europe (Madrid, Spain) (represented by: O.W. Brouwer and J. Blockx, lawyers)

Defendant: Council of the European Union (represented by: C. Fekete and M. Bauer, Agents)

Interveners in support of the defendant: Hellenic Republic (represented by E.-M. Mamouna and K. Boskovits, Agents) and by United Kingdom of Great Britain and Northern Ireland (represented by E. Jenkinson and S. Ossowski, Agents, and by L.J. Stratford, Barrister)

Re:

Application for annulment of the decision of the Council of 26 February 2009 refusing in part to grant the applicant access to a note from the General Secretariat of the Council to the Working Party on Information (Document No 16338/08) concerning the Proposal for a Regulation of the European Parliament and the Council regarding public access to European Parliament, Council and Commission documents

Operative part of the judgment

The Court:

1. Annuls the Council’s decision of 26 February 2009 refusing access to certain information, contained in a note of 26 November 2008, concerning a proposal for a regulation regarding public access to European Parliament, Council and Commission documents;

2. Orders the Council to bear its own costs and to pay those incurred by Access Info Europe;

3. Orders the Hellenic Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 205, 29.8.2009
EN Official Journal of the European Union C 89/16

Judgment of the General Court of 9 February 2011 — Ineos Healthcare v OHIM — Teva Pharmaceutical Industries (ALPHAREN)

(Case T-222/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ALPHAREN - Earlier national word marks ALPHA D3 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Examination of the facts of its own motion - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009))

2011/C 89/37

Language of the case: English

Parties

Applicant: Ineos Healthcare Ltd (Warrington, Cheshire, United Kingdom) (represented by: S. Malynicz, Barrister, and A. Smith, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM: Teva Pharmaceutical Industries Ltd (Jerusalem, Israel)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 24 March 2009 (Case R 1897/2007-2), concerning opposition proceedings between Teva Pharmaceutical Industries Ltd and Ineos Healthcare Ltd

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 24 March 2009 (Case R 1897/2007-2) as regards the goods in the following categories: ‘Pharmaceutical and veterinary preparations containing magnesium iron hydroxy carbonate or hydrotalcite or derivatives of these compounds’, ‘Phosphate binders for use in the treatment of hyperphosphataemia’;

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and to pay half of the costs incurred by Ineos Healthcare Ltd;

4. Orders Ineos Healthcare to bear half of its own costs.

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 186/20

Judgment of the General Court of 5 May 2011 — Olymp Bezner v OHIM — Bellido (Olymp)

(Case T-203/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark OLYMP - Earlier national figurative mark OLIMPO - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))

2011/C 186/37

Language of the case: English

Parties

Applicant: Olymp Bezner GmbH & Co. KG (Bietigheim-Bissingen, Germany) (represented by: M. Eck and J. Dönch, lawyers)

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: Miguel Bellido, SA (Manzanares, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 March 2009 (Case R 531/2008-2) relating to invalidity proceedings between Miguel Bellido SA and Olymp Bezner GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Olymp Bezner GmbH & Co. KG to pay the costs.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 160/19

Judgment of the General Court of 12 April 2011 — Fuller & Thaler Asset Management v OHIM (BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX)

(Cases T-310/09 and T-383/09) (1)

(Community trade mark - Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)

2011/C 160/28

Language of the case: English

Parties

Applicant: Fuller & Thaler Asset Management, Inc. (San Mateo, United States) (represented by: S. Malynicz, Barrister)

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

Re:

ACTIONS brought, in Case T-310/09, against the decision of the Grand Board of Appeal of OHIM of 28 April 2009 (Case R 323/2008-G) concerning an application for registration of the word sign BEHAVIOURAL INDEXING as a Community trade mark and, in Case T-383/09, against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 138/2009-1) concerning an application for registration of the word sign BEHAVIOURAL INDEX as a Community trade mark.

Operative part of the judgment

The Court:

1. Orders that Cases T-310/09 and T-383/09 be joined for the purposes of the present judgment;

2. Dismisses the applications;

3. Orders Fuller & Thaler Asset Management, Inc., in Cases T-310/09 and T-383/09, to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 244, 10.10.2009.
EN Official Journal of the European Union C 232/27

Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (maxi BRICO CENTER)

(Case T-481/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark maxi BRICO CENTER - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 232/48

Language of the case: Italian

Parties

Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and G. Mannucci, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 (Case R 1046/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

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 28 September 2009 (Case R 1046/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;

2. Dismisses the remainder of the action;

3. Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 204/22

Judgment of the General Court of 25 May 2011 — São Paulo Alpargatas v OHIM — Fischer (BAHIANAS LAS ORIGINALES)

(Case T-422/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BAHIANAS LAS ORIGINALES - Earlier Community and national figurative trade marks havaianas and earlier national word mark HAVAIANAS - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 204/38

Language of the case: Spanish

Parties

Applicant: São Paulo Alpargatas, SA (São Paolo, Brazil) (represented by: P. Merino Baylos and A. Velázquez Ibáñez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Enrique Fischer (Buenos Aires, Argentina) (represented by: initially E. Rasche Aparicio, then M. de Justo Bailey, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 August 2009 (Case R 1477/2008-2), concerning opposition proceedings between São Paulo Alpargatas, SA and Enrique Fischer.

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 17 August 2009 (Case R 1477/2008-2);

2. Orders OHIM to pay its own costs and the costs incurred by São Paulo Alpargatas, SA;

3. Orders Enrique Fischer to pay his own costs.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 319/16

Judgment of the General Court of 21 September 2011 — Adjemian and Others v Commission

(Case T-325/09 P) (1)

(Appeals - Civil service - Agents - Contract of employment for a fixed period - Refusal to conclude a new contract of employment or to renew a contract of employment for an indefinite period - Framework Agreement on fixed-term work - Directive 1999/70/EC - Article 88 of the CEOS - Commission decision concerning the maximum duration of the recourse to non-permanent staff in the Commission’s services)

2011/C 319/32

Language of the case: French

Parties

Appellant: Vahan Adjemian (Angera, Italy) and the 175 agents and former agents of the European Commission whose names appear in annex to the judgment (represented by: S. Orlandi, A. Coolen, J-N. Louis and É. Marchal, lawyers)

Other parties to the proceedings: European Commission (represented by: J. Currall and D. Martin, Agents); and Council of the European Union (represented by: M. Bauer and K. Zieleśkiewicz, Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) delivered on 4 June 2009 in Joined Cases F-134/07 and F-8/08 Adjemian and Others v Commission (not yet published in the ECR), asking for that judgment to be set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 4 June 2009 in Joined Cases F-134/07 and F-8/08 Adjemian and Others v Commission in so far as it found that there was no need to adjudicate on the claims made by the applicants in Case F-134/07 whose names appear in annex against the decision rejecting their complaints;

2. Dismisses the appeal as to the remainder;

3. The action brought by the applicants in Case F-134/07 whose names appear in annex is dismissed to the extent that that action seeks the annulment of the decisions rejecting their complaints.

4. Orders Vahan Adjemian and the 175 agents and former agents of the European Commission whose names appear in annex to bear their own costs and to pay those incurred by the Commission and the Council of the European Union in these proceedings.

(1) OJ C 256, 24.10.2009.
EN Official Journal of the European Union C 269/47

Judgment of the General Court of 15 July 2011 — Ergo Versicherungsgruppe v OHIM — Société de développement et de recherche industrielle (ERGO Group)

(Case T-221/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ERGO Group - Earlier Community word mark URGO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 269/104

Language of the case: German

Parties

Applicant: Ergo Versicherungsgruppe AG (Düsseldorf, Germany) (represented by: V. von Bomhard, A.W. Renck, T. Dolde and J. Pause, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Société de développement et de recherche industrielle (Chenôve, France) (represented by: K. Dröge, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 March 2009 (Case R 520/2008-4) relating to opposition proceedings between Société de développement et de recherche industrielle and Ergo Versicherungsgruppe AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Versicherungsgruppe AG to pay the costs.

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 347/28

Judgment of the General Court of 18 October 2011 — Purvis v Parliament

(Case T-439/09) (1)

(Rules governing the payment of expenses and allowances to Members of the European Parliament - Additional pension scheme - Refusal to grant a voluntary additional pension in part in the form of a lump sum - Plea of illegality - Acquired rights - Legitimate expectations - Proportionality)

2011/C 347/44

Language of the case: French

Parties

Applicant: John Robert Purvis (Saint Andrews, United Kingdom) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Parliament (represented by: initially, H. Krück, A. Pospíšilová Padowska and G. Corstens and subsequently, N. Lorenz, A. Pospíšilová Padowska and G. Corstens, acting as Agents)

Re:

Application for annulment of the European Parliament’s decision of 7 August 2009, which refused to grant the applicant his voluntary additional pension in part in the form of a lump sum

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders John Robert Purvis to pay the costs.

(1) OJ C 11, 16.1.2010.