ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 141/41

Judgment of the Court of First Instance of 5 May 2009 — ars Parfum Creation & Consulting v OHIM (Shape of a spray bottle)

(Case T-104/08) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a spray bottle - Relative ground for refusal - Lack of distinctive character - Obligation to state reasons - Articles 7(1)(b), 73 and 74(1) of Regulation (EC) No 40/94)

2009/C 141/84

Language of the case: German

Parties

Applicant: ars Parfum Creation & Consulting GmbH (Cologne, Germany) (represented by: A. Späth and G. Hasselblatt, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 November 2007 (Case R 1656/2006-1), relating to the registration as a Community trade mark of a three-dimensional sign consisting of the shape of a spray bottle

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders ars Parfum Creation & Consulting GmbH to pay the costs.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 267/63

Judgment of the Court of First Instance of 29 September 2009 — The Smiley Company v OHIM (Representation of half a smiley smile)

(Case T-139/08) (1)

(Community trade mark - International registration designating the European Community - Figurative mark representing half a smiley smile - Absolute ground for refusal - Lack of distinctive character - Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009)

2009/C 267/112

Language of the case: English

Parties

Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Deutsch, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 February 2008 (R 958/2007-4) concerning the international registration, designating the European Community, of the figurative mark representing half a smiley smile

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders The Smiley Company SPRL to pay the costs, including those connected with its substitution for Mr Franklin Loufrani.

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 205/36

Judgment of the Court of First Instance of 8 July 2009 — Mineralbrunnen Rhön-Sprudel Egon Schindel v OHIM — Schwarzbräu (Alaska)

(Case T-226/08) (1)

(Community trade mark - Invalidity proceedings - Community word mark ALASKA - Absolute ground for refusal - Lack of descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2009/C 205/65

Language of the case: German

Parties

Applicant: Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH (Ebersburg, Germany) (represented by: P. Wadenbach, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Schwarzbräu GmbH (Zusmarshausen, Germany) (represented by: L. Schlarmann, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2008 (Case R 1124/2004-4) concerning invalidity proceedings between Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH and Schwarzbräu GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Orders Schwarzbräu GmbH to bear its own costs.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 11/25

Judgment of the Court of First Instance of 19 November 2009 — Michail v Commission

(Case T-50/08 P) (1)

(Appeal - Staff case - Officials - Staff Report - Career Development Report - 2004 Assessment period - Duty of the Civil Service Tribunal to state reasons)

2010/C 11/49

Language of the case: Greek

Parties

Appellant: Christos Michail (Brussels, Belgium) (represented by: C. Meïdanis, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and K. Herrmann, Agents, and E. Bourtzalas, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 22 November 2007 in Case F-34/06 Michail 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 Mr Christos Michail to bear his own costs and to pay those incurred by the Commission of the European Communities in the context of the present instance.

(1) OJ C 128, 24.5.2008.
EN Official Journal of the European Union C 282/43

Judgment of the Court of First Instance of 6 October 2009 — Sundholm v Commission

(Case T-102/08 P) (1)

(Appeal - Staff case - Officials - Reports - Career development report drawn up in compliance with a judgment of the Tribunal - Appraisal year 2001/2002 - Justified absences - Obligation to state reasons)

2009/C 282/82

Language of the case: French

Parties

Appellant: Asa Sundholm (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Other party to the proceedings: Commission of the European Communities (represented by: C. Berardis-Kayser and G. Berscheid, Agents, assisted by B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 13 December 2007 in Case F-27/07 Sundholm v Commission, not published in the ECR, 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 (Second Chamber) of 13 December 2007 in Case F-27/07 Sundholm v Commission, not published in the ECR;

2. Annuls the decision of 2 June 2006 by which the reporting officer on appeal established Ms Asa Sundholm's career development report for the period from 1 July 2001 to 31 December 2002;

3. For the rest, dismisses the action brought at first instance;

4. Orders the Commission of the European Communities to pay the costs of the procedure before the Civil Service Tribunal and of the present instance.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 134/33

Judgment of the General Court of 26 March 2010 — Proges v Commission

(Case T-577/08) (1)

(Public service contracts - Community tendering procedure - Programme for creation of land use models - Rejection of tenderer’s bid - Action for annulment - Interest in bringing proceedings - Admissibility - Award criteria)

2010/C 134/55

Language of the case: Italian

Parties

Applicant: Proges — Progetti di sviluppo Srl (Rome, Italy) (represented by: M. Falcetta, lawyer)

Defendant: European Commission (represented by: N. Bambara and E. Manhaeve, Agents, assisted by A. Dal Ferro, lawyer)

Re:

Application for annulment of the Commission decision of 29 October 2008 not to accept the tender submitted by the applicant in a tendering procedure relating to the implementation of a programme for the creation of land use models, and also a claim for damages for the losses incurred by the applicant.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Proges — Progetti di sviluppo Srl to bear its own costs and to pay those incurred by the Commission.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 51/31

Judgment of the General Court of 19 January 2010 — De Fays v Commission

(Case T-355/08 P) (1)

(Appeal - Cross-appeal - Staff case - Officials - Leave - Sick leave - Unauthorised absence established following a medical examination - Deduction from annual leave entitlement - Loss of the benefit of remuneration)

2010/C 51/60

Language of the case: French

Parties

Applicant: Chantal De Fays (Bereldange, Luxembourg) (represented by: F. Moyse and A. Salerno, lawyers)

Defendant: European Commission (represented by: D. Martin and K. Herrmann, acting as Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 17 June 2008 in Case F-97/07 De Fays v Commission, not yet published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal and the cross appeal;

2. Orders Chantal De Fays to pay the costs of the appeal;

3. Orders the European Commission to pay the costs of the cross appeal.

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 179/37

Judgment of the General Court of 12 May 2010 — Bui Van v Commission

(Case T-491/08 P) (1)

(Appeal - Staff case - Officials - Appointment - Classification in grade - Withdrawal of an administrative measure - Protection of legitimate expectations - Reasonable time - Right to be heard)

2010/C 179/63

Language of the case: French

Parties

Appellant: Philippe Bui Van (Hettange-Grande, France) (represented by: P. Nelissen Grade, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and G. Berscheid, Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 11 September 2008 in Case F-51/07 Bui Van v Commission, not yet published in the ECR, for annulment of that judgment.

Operative part of the judgment

The Court:

1. Annuls the judgment of the European Union Civil Service Tribunal (Second Chamber) of 11 September 2008 in Case F-51/07 Bui Van v Commission inasmuch as it awards Philippe Bui Van damages of EUR 1 500;

2. Dismisses the appeal and the remainder of the claims in the cross-appeal;

3. Remits the case to the Civil Service Tribunal for it to give judgment on the action for damages;

4. Reserves the costs.

(1) OJ C 32, 7.2.2009.
Judgment of the General Court of 27 April 2010 — Freixenet v OHIM (Shape of a frosted white bottle)

(Case T-109/08) (1)

(Community trade mark - Application for a Community trade mark representing a frosted white bottle - Absolute ground for refusal - Lack of distinctive character - No distinctive character acquired through use - Article 7(1)(b) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009) - Obligation to state reasons - Rights of the defence - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))

(2010/C 161/60)

Language of the case: French

Parties

Applicant: Freixenet, SA (Sant Sadurní d’Anoia, Spain) (represented by: F. de Visscher, E. Cornu and D. Moreau, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 November 2007 (Case R 97/2001-1) concerning an application for registration of a sign representing a frosted white bottle as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Freixenet, SA to pay the costs.

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 221/40

Judgment of the General Court of 2 July 2010 — Lafili v Commission

(Case T-485/08 P) (1)

(Appeal - Staff case - Officials - Admissibility - Concept of the party who was unsuccessful at first instance - Promotion - Classification in grade and step - Multiplication factor greater than one - Conversion to seniority in step - Article 7 of Annex XIII of the Staff Regulations)

2010/C 221/65

Language of the case: French

Parties

Appellant: Paul Lafili (Genk, Belgium) (represented by: L. Levi, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall, H. Krämer and K. Herrmann, agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 4 September 2008 in Case F-22/07 Lafili v Commission seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal.

2. Orders Paul Lafili to bear his own costs as well as the costs incurred by the European Commission in the appeal proceedings.

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 209/36

Judgment of the General Court of 15 June 2010 — X Technology Swiss v OHIM (Orange colouring of the toe of a sock)

(Case T-547/08) (1)

(Community trade mark - Application for a Community trade mark - Orange colouring of the toe of a sock - Absolute ground for refusal - Absence 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 209/54

Language of the case: German

Parties

Applicant: X Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Herbertz and R. Jung, lawyers)

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

Re:

Action brought against decision R 846/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 6 October 2008 relating to an application to register the sign consisting of the orange colouring of the toe of a sock as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders X Technology Swiss GmbH to pay the costs.

(1) OJ C 55, 7.3.2009.
Official Journal of the European Union

Judgment of the General Court of 10 September 2010 — MPDV Mikrolab v OHIM (ROI ANALYZER)

(Case T-233/08) (1)

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

(2010/C 288/65)

Language of the case: German

Parties

Applicants: MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor (Mosbach, Germany) (represented by: W. Göpfert, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2008 (Case R 1525/2006-4) concerning the registration of the word sign ROI ANALYZER as a Community trade mark.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor to pay the costs.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 234/32

Judgment of the General Court of 8 July 2010 — Trautwein v OHIM (Representation of a dog)

(Case T-385/08) (1)

(Community trade mark - Application for a Community figurative mark representing a dog - 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 234/56

Language of the case: German

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshöhe, Germany) (represented by: C. Czychowski, A. Nordemann and A.. Dustmann, lawyers)

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

Re:

Action brought against the decision of 30 June 2008 of the First Board of Appeal of OHIM (Case R 1734/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a dog

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.

(1) OJ C 313, 6.12.2008.
3.

Refers the case back to the Civil Service Tribunal for a ruling on the claims for annulment of the decision to appoint Mr A. to the post of head of the ‘Calls for tenders and contracts’ unit of the Office for Official Publications of the European Communities and the decision to reject Mr Guido Strack’s candidature for that post, on the claims for compensation for the non-material damage purportedly suffered by Mr Strack in the sum of EUR 200, and on costs.
EN Official Journal of the European Union C 317/27

Judgment of the General Court of 28 September 2010 — Market Watch v OHIM — Ares Trading SA (Seroslim)

(Case T-201/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark Seroslim - Earlier Community word mark SEROSTIM - 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))

2010/C 317/47

Language of the case: English

Parties

Applicant: Market Watch Franchise & Consulting, Inc. (Freeport, Bahamas) (represented by: J. Korab, lawyer)

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, intervener before the General Court: Ares Trading SA (Aubonne, Switzerland) (represented by: M. De Justo Bailey and M. De Justo Vazquez, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 March 2008 (Case R 805/2007-2) relating to opposition proceedings between Ares Trading SA and Market Watch Franchise & Consulting, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Market Watch Franchise & Consulting, Inc. to pay the costs.

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 103/20

Judgment of the General Court of 17 February 2011 — FIFA v Commission

(Case T-68/08) (1)

(Television broadcasting - Article 3a of Directive 89/552/EEC - Measures taken by the United Kingdom concerning events of major importance to United Kingdom society - Football World Cup - Decision declaring the measures compatible with Community law - Statement of reasons - Articles 43 EC, 49 EC and 86 EC - Right to property)

2011/C 103/35

Language of the case: English

Parties

Applicant: Fédération Internationale de Football Association (FIFA) (Zurich, Switzerland) (represented by: initially by E. Batchelor, F. Young, Solicitors, A. Barav, D. Reymond, lawyers and F. Carlin, Barrister, and subsequently by E. Batchelor, A. Barav, D. Reymond, lawyers and F. Carlin, Barrister)

Defendant: European Commission (represented by: initially by F. Benyon, E. Montaguti and N. Yerrell and subsequently by F. Benyon and E. Montaguti, Agents, assisted by J. Flynn QC and M. Lester, Barrister)

Interveners in support of the defendants: Kingdom of Belgium (represented by C. Pochet, Agent, assisted by J. Stuyck and A. Joachimowicz, lawyers); and United Kingdom of Great Britain and Northern Ireland (represented initially by S. Behzadi-Spencer and V. Jackson and subsequently by S. Behzadi-Spencer and L. Seeboruth, Agents, assisted initially by T. de la Mare and subsequently by B. Kennelly, Barristers)

Re:

Partial annulment of Commission Decision 2007/730/EC of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 2007 L 295, p. 12).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Fédération Internationale de Football Association (FIFA) to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Kingdom of Belgium, the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 46/10

Judgment of the General Court of 17 December 2010 — Chocoladefabriken Lindt & Sprüngli v OHIM (Shape of a chocolate rabbit)

(Case T-395/08) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a chocolate rabbit - 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) - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) of Regulation (EC) No 207/2009))

2011/C 46/18

Language of the case: German

Parties

Applicant: Chocoladefabriken Lindt & Sprüngli AG (Kilchberg, Switzerland) (represented by: R. Lange, E. Schalast and G. Hild, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 July 2008 (Case R 419/2008-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the shape of a chocolate rabbit.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 226/25

Judgment of the General Court of 16 June 2011 — Verhuizingen Coppens v Commission

(Case T-210/08) (1)

(Competition - Cartels - International removal services market in Belgium - Decision finding an infringement of Article 81 EC - Price-fixing - Market-sharing - Bid-rigging - Single and continuous infringement - Burden of proof)

2011/C 226/50

Language of the case: Dutch

Parties

Applicant: Verhuizingen Coppens NV (Bierbeek, Belgium) (represented by: J. Stuyck and I. Buelens, lawyers)

Defendant: European Commission (represented by: A. Bouquet and S. Noë, Agents)

Re:

Application for the annulment of Commission Decision C(2008) 926 final of 11 March 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 — International Removal Services), and, in the alternative, the annulment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Annuls Article 1(i) and Article 2(k) of Commission Decision C(2008) 926 final of 11 March 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 — International Removal Services);

2. Orders the European Commission to pay the costs.

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 186/20

Judgment of the General Court of 17 May 2011 — Arkema France v Commission

(Case T-343/08) (1)

(Competition - Agreements, decisions and concerted practices - Market in sodium chlorate - Decision finding an infringement of Article 81 EC and Article 53 EEA - Action for annulment - Admissibility - Imputability of the infringement - Fines - Aggravating circumstance - Repeat infringement - Mitigating circumstance - Cooperation during the administrative procedure - Significant added value)

2011/C 186/36

Language of the case: French

Parties

Applicant: Arkema France (Colombes, France) (represented by: initially A. Winckler, S. Sorinas and H. Kanellopoulos, then S. Sorinas, E. Jégou and M. Sabeva, lawyers)

Defendant: European Commission (represented by: X. Lewis, É. Gippini Fournier and R. Sauer, Agents)

Re:

Principally, action for annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81(1) EC and Article 53(1) EEA (Case COMP/38.695 — Sodium Chlorate), in so far as that decision relates to Arkema France and, in the alternative, action for annulment or reduction of the amounts of the fines imposed on that company in that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Arkema France to pay the costs.

(1) OJ C 285, 8.11.2008.