ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 63/47

Judgment of the General Court of 27 January 2010 — REWE Zentral v OHIM — Grupo Corporativo Teype (Solfrutta)

(Case T-331/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Solfrutta - Earlier Community word mark FRUTISOL - Relative grounds for refusal - Likelihood of confusion - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 63/82

Language of the case: English

Parties

Applicant: REWE Zentral AG (Cologne, Germany) (represented by: M. Kinkeldey and A. Bognár, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Grupo Corporativo Teype, SL (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2) relating to opposition proceedings between Grupo Corporativo Teype, SL and REWE-Zentral AG.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2);

2. Orders OHIM to pay the costs.

(1) OJ C 260 of 11.10.2008.
EN Official Journal of the European Union C 179/33

Judgment of the General Court of 11 May 2010 — PC-Ware Information Technologies v Commission

(Case T-121/08) (1)

(Public supply contracts - Community tendering procedure - Acquisition of software products and licences - Rejection of a tender - Abnormally low tender - Obligation to state reasons)

2010/C 179/55

Language of the case: Dutch

Parties

Applicant: PC-Ware Information Technologies BV (Amsterdam, Netherlands) (represented by: L. Devillé and B. Maerevoet, lawyers)

Defendant: European Commission (represented by: E. Manhaeve, Agent, and P. Wytinck, lawyer)

Re:

APPLICATION, principally, for annulment of the Commission’s decision of 11 January 2008 rejecting the tender submitted by the applicant in public procurement procedure DIGIT/R2/PO/2007/022 and, in the alternative, for compensation for the loss allegedly suffered by the applicant as a result of the Commission’s conduct.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders PC-Ware Information Technologies BV to pay the costs.

(1) OJ C 116, 9.5.2008.
Judgment of the General Court of 27 April 2010 — Freixenet v OHIM (Shape of a frosted black matt bottle)

(Case T-110/08) (1)

(Community trade mark - Application for a Community trade mark representing a frosted black matt 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 161/61)

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 20 November 2007 (Case R 104/2001-1) concerning an application for registration of a sign representing a frosted black matt 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 221/41

Judgment of the General Court of 1 July 2010 — M6 and TF1 v Commission

(Joined Cases T-568/08 and T-573/08) (1)

(State aid - Public service broadcasting - Aid which the French Republic is intending to grant in favour of France Télévisions - Capital funding of EUR 150 million - Decision not to raise objections - Service of general economic interest - Criterion of proportionality - No serious difficulties)

2010/C 221/67

Language of the case: French

Parties

Applicants: Métropole télévision (M6) (Neuilly-sur-Seine, France) (represented by: O. Freget, N. Chahid-Nouraï, R. Lazerges and M. Potel, lawyers); and Télévision française 1 SA (TF1) (Boulogne-Billancourt, France) (represented by: J.-P. Hordies and C. Smits, lawyers)

Defendant: European Commission (represented by: B. Stromsky and B. Martenczuk, Agents)

Intervener in support of the applicants: Canal + (Issy-les-Moulineaux, France) (represented by: E. Guillaume, lawyer)

Interveners in support of the defendant: The French Republic (represented by: G. de Bergues and A.-L. Vendrolini, and then by G. de Bergues and L. Butel, Agents); and France Télévisions (Paris, France) (represented by: J.-P. Gunther, D. Tayar, A. Giraud and S. Snoeck, lawyers)

Re:

Applications for annulment of Commission Decision C(2008) 3506 final of 16 July 2008 relating to the proposed grant, by the French Republic, of capital funding of EUR 150 million to France Télévisions SA, and applications for an order that the Commission open a formal investigation procedure.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Métropole télévision (M6) to bear its own costs in Case T-568/08 and pay those incurred by the European Commission and France Télévisions in that case;

3. Orders Télévision française 1 SA (TF1) to bear its own costs in Case T-573/08 and pay those incurred by the European Commission and France Télévisions in that case;

4. The French Republic and Canal + shall each bear their own costs in Cases T-568/08 and T-573/08.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 209/36

Judgment of the General Court of 22 June 2010 — CM Capital Markets v OHIM — Carbon Capital Markets (CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance)

(Case T-490/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance - Earlier Community and national figurative marks CM Capital Markets - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 209/53

Language of the case: English

Parties

Applicant: CM Capital Markets Holding, SA (Madrid, Spain) (represented by: T. Villate Consonni and J. Calderón Chavero, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Carbon Capital Markets Ltd (Oxford, United Kingdom) (represented by: E. Hardcastle, Solicitor)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2008 (Case R 16/2008-1) concerning opposition proceedings between CM Capital Markets Holding, SA and Carbon Capital Markets Ltd

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CM Capital Markets Holding, SA to pay the costs.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 301/26

Judgment of the General Court of 13 September 2010 — KUKA Roboter v OHIM (Shade of orange)

(Case T-97/08) (1)

(Community trade mark - Application for a Community trade mark consisting of a shade of orange - 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 301/41

Language of the case: German

Parties

Applicant: KUKA Roboter GmbH (Augsburg, Germany) (represented by: A. Kohn and B. Hannemann, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 December 2007 (Case R 1572/2007-4), concerning an application for registration of a shade of orange as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders KUKA Roboter GmbH to pay the costs.

(1) OJ C 107, 26.4.2008.
Official Journal of the European Union

Judgment of the General Court of 8 September 2010 — Kido v OHIM — Amberes (SCORPIONEXO)

(Case T-152/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark SCORPIONEXO - Earlier national figurative mark ESCORPION - 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 288/64)

Language of the case: Spanish

Parties

Applicant: Kido Industrial Ltd (Yangcheon-gu, Republic of Korea) (represented by: M. Mall, lawyer)

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: Amberes, SA (Igualada, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 January 2008 (Case R287/2007-1), relating to opposition proceedings between Amberes, SA and Kido Industrial Ltd.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Kido Industrial Ltd to pay the costs.

(1) OJ C 158, 21.6.2008.
EN Official Journal of the European Union C 30/34

Judgment of the General Court of 9 December 2010 — Poland v Commission

(Case T-69/08) (1)

(Approximation of laws - Directive 2001/18/EC - National provisions derogating from a harmonisation measure - Commission decision rejecting those provisions - Not notified within the six-month period laid down in the first subparagraph of Article 95(6) EC)

2011/C 30/60

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: initially M. Dowgielewicz, subsequently by M. Dowgielewicz, B. Majczyna and M. Jarosz, and finally by M. Szpunar, Agents)

Defendant: Commission (represented by: M. Patakia, C. Zadra and K. Herrmann, Agents)

Interveners in support of the applicant: Czech Republic (represented by M. Smolek, Agent); Hellenic Republic (represented by A. Samoni-Rantou and M. Tassopoulou, acting as Agents); and Republic of Austria (represented initially by E. Riedl, and subsequently by E. Riedl and C. Pesendorfer, and finally by E. Riedl, C. Pesendorfer, G. Hesse and M. Fruhmann, acting as Agents),

Re:

Action for annulment of Commission Decision 2008/62/EC of 12 October 2007 relating to Articles 111 and 172 of the Polish Draft Act on Genetically Modified Organisms, notified by the Republic of Poland pursuant to Article 95(5) of the EC Treaty as derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms (OJ 2008 L 16, p. 17),

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2008/62/EC of 12 October 2007 relating to Articles 111 and 172 of the Polish Draft Act on Genetically Modified Organisms, notified by the Republic of Poland pursuant to Article 95(5) of the EC Treaty as derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms;

2. Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Poland;

3. Orders the Czech Republic, the Hellenic Republic and the Republic of Austria to bear their own costs.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 317/27

Judgment of the General Court of 28 September 2010 — C-Content v Commission

(Case T-247/08) (1)

(Non-contractual liability - Public service contracts - Community tendering procedures - Electronic publication services - Irregularities and infringements of Community law allegedly committed by the Publications Office - Limitation periods - Causal link)

2010/C 317/48

Language of the case: English

Parties

Applicant: C-Content BV (’s-Hertogenbosch, Netherlands) (represented by: M. Meulenbelt, lawyer)

Defendant: European Commission (represented by: initially by E. Manhaeve and N. Bambara, acting as Agents, assisted by O. Soudry, adviser, and A. Nucara, lawyer, and subsequently by E. Manhaeve and N. Bambara, assisted by O. Soudry and E. Petritsi, lawyer)

Re:

Application for damages for the loss allegedly suffered by the applicant as a consequence of irregularities and infringements of Community law committed by the Office for Official Publications of the European Communities in connection with a number of Community tender procedures for electronic publication services.

Operative part of the judgment

The Court:

1. Dismisses the action as in part inadmissible and in part unfounded;

2. Orders C-Content BV to pay the costs.

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 145/23

Judgment of the General Court of 31 March 2011 — Italy v EESC

(Case T-117/08) (1)

(Rules on the use of languages - Vacancy notice concerning the recruitment of the Secretary-General of the EESC - Publication in three official languages - Information relating to the vacancy notice - Publication in all official languages - Action for annulment - Admissibility - Articles 12 EC and 290 EC - Article 12 of the CEOS - Regulation No 1)

2011/C 145/37

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: R. Adam, Agent, and by P. Gentili, lawyer)

Defendant: European Economic and Social Committee (EESC) (represented initially by: M. Bermejo Garde, and subsequently by: M. Arsène, Agents, and by A. Dal Ferro, lawyer)

Intervener in support of the applicant: Kingdom of Spain, (represented by: F. Díez Moreno, Agent)

Re:

ACTION for annulment, firstly, of vacancy notice No 73/07 concerning a post of Secretary-General in the Secretariat of the EESC, published in the English, French and German versions of the Official Journal of the European Union of 28 December 2007 (OJ 2007 C 316 A, p. 1), and, secondly, of the corrigendum to that vacancy notice published in the English, French and German versions of the Official Journal of the European Union of 30 January 2008 (OJ 2008 C 25 A, p. 19)

Operative part of the judgment

The Court:

1. Annuls vacancy notice No 73/07 concerning a post of Secretary-General in the Secretariat of the European Economic and Social Committee (EESC), published on 28 December 2007, as corrected on 30 January 2008;

2. Orders each party to bear its own costs.

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 46/10

Judgment of the General Court of 16 December 2010 — Rubinstein and L’Oréal v OHIM — Allergan (BOTOLIST and BOTOCYL)

(Joined cases T-345/08 and T-357/08) (1)

(Community trade mark - Invalidity proceedings - Community word marks BOTOLIST and BOTOCYL - Earlier national figurative and word marks BOTOX - Relative ground for refusal - Damage to reputation - Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009) - Obligation to state the reasons on which the decision is based - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))

2011/C 46/16

Language of the case: English

Parties

Applicants: Helena Rubinstein SNC (Paris, France) (represented by: A. von Mühlendahl and J. Pagenberg, lawyers) (Case T-345/08); and L’Oréal SA (Paris) (represented by: A. von Mühlendahl and J. Pagenberg, lawyers) (Case T-357/08)

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: Allergan, Inc. (Irvine, California, United States)

Re:

ACTIONS brought against, in Case T-345/08, the decision of the First Board of Appeal of OHIM of 28 May 2008 (Case R 863/2007-1), relating to cancellation proceedings between Allergan, Inc. and Helena Rubinstein SNC, and, in Case T-357/08, the decision of the First Board of Appeal of OHIM of 5 June 2008 (Case R 865/2007-1), relating to cancellation proceedings between Allergan, Inc. and L’Oréal SA

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Helena Rubinstein SNC to pay the costs in Case T-345/08;

3. Orders L’Oréal SA to pay the costs in Case T-357/08.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 226/25

Judgment of the General Court of 16 June 2011 — Putters International v Commission

(Case T-211/08) (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 - Fines - 2006 Guidelines on the method of setting fines - Gravity - Duration)

2011/C 226/51

Language of the case: Dutch

Parties

Applicant: Putters International NV (Cargovil, Belgium) (represented by: K. Platteau, lawyer)

Defendant: European Commission (represented by: A. Bouquet and F. Ronkes Agerbeek, Agents)

Re:

Application for the partial 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. Dismisses the action;

2. Orders Putters International NV to pay the costs.

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 186/18

Judgment of the General Court of 16 May 2011 — Atlas Transport v OHIM — Atlas Air (ATLAS)

(Case T-145/08) (1)

(Community trade mark - Invalidity proceedings - Community trade mark ATLAS - Earlier Benelux trade mark atlasair - Formal requirements - Lodging of a statement setting out the grounds for the action - Suspension of the administrative procedure - Article 59 of Regulation (EC) No 40/94 (now Article 60 of Regulation (EC) No 207/2009) - Rule 20(7) of Regulation (EC) No 2868/95)

2011/C 186/33

Language of the case: German

Parties

Applicant: Atlas Transport GmbH (Düsseldorf, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)

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

Other parties to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Atlas Air, Inc. (Wilmington, Delaware, United States); Atlas Air, Inc. (Wilmington, Delaware, United States) (represented by: R. Dissmann, then R. Dissmann and J. Guhn, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 January 2008 (Case R 1023/2007-1) relating to nullity proceedings between Atlas Air, Inc. and Atlas Transport GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Atlas Transport GmbH 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 Atlas Air, Inc.

(1) OJ C 158, 21.6.2008.
EN Official Journal of the European Union C 347/28

Judgment of the General Court of 18 October 2011 — Gutknecht v Commission

(Case T-561/08) (1)

(Non-contractual liability - Health policy - Biocidal products - Establishment of a list of active substances on the market - Adoption of regulations by the Commission by virtue of Directive 98/8/EC - Causal link)

2011/C 347/42

Language of the case: English

Parties

Applicant: Jürgen Gutknecht (Kirchheimbolanden, Germany) (represented by: K. Van Maldegem and C. Mereu, lawyers)

Defendant: European Commission (represented by: P. Oliver and G. Wilms, acting as Agents)

Re:

ACTION for damages seeking compensation for the loss suffered following the allegedly unlawful adoption by the Commission of various regulations pursuant to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ 1998 L 123, p. 1) or, in the alternative, following the alleged failure by the Commission to adopt the measures necessary to ensure the right to protection of information supplied under that directive.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Jürgen Gutknecht to bear his own costs and to pay those of the European Commission.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 311/37

Judgment of the General Court of 13 September 2011 — Ruiz de la Prada de Sentmenat v OHIM — Quant (AGATHA RUIZ DE LA PRADA)

(Case T-522/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark AGATHA RUIZ DE LA PRADA - Earlier Community figurative mark representing a black and white flower - 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 311/66

Language of the case: Spanish

Parties

Applicant: Agatha Ruiz de la Prada de Sentmenat (Madrid, Spain) (represented by: R. Bercovitz Álvarez, 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: Mary Quant Ltd (Birmingham, United Kingdom) (represented by: R. Arnold and C. Hicks, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 September 2008 (Case R 1523/2007-1), relating to opposition proceedings between Mary Quant Ltd and Agatha Ruiz de la Prada de Sentmenat.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Agatha Ruiz de la Prada de Sentmenat to pay the costs.

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 80/16

Judgment of the General Court of 2 February 2012 — Denki Kagaku Kogyo and Denka Chemicals v Commission

(Case T-83/08) (1)

(Competition - Agreements, decisions and concerted practices - Market for chloroprene rubber - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing - Market-sharing - Proof of participation in the cartel - Proof of having distanced oneself from the cartel - Duration of the infringement - Rights of the defence - Access to the file - Guidelines on the method of setting - Non-retroactivity - Legitimate expectation - Principle of proportionality - Mitigating circumstances)

2012/C 80/23

Language of the case: English

Parties

Applicants: Denki Kagaku Kogyo Kabushiki Kaisha (Tokyo, Japan); and Denka Chemicals GmbH (Düsseldorf, Germany) (represented: initially by G. van Gerven, T. Franchoo and D. Fessenko, and subsequently by T. Franchoo, B. Bär-Bouyssière and A. de Beaugrenier, lawyers)

Defendant: European Commission (represented by: S. Noë and V. Bottka, Agents)

Re:

APPLICATION for, principally, annulment of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.629 — Chloroprene Rubber), in that it concerns the applicants and, in the alternative, a reduction in the amount of the fine imposed jointly and severally on the applicants by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Denki Kagaku Kogyo Kabushiki Kaisha and Denka Chemicals GmbH to pay the costs.

(1) OJ C 107, 26.4.2008.