ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 23 September 2020 — Spain and Others v Commission

(Joined Cases T-515/13 RENV and T-719/13 RENV) (1)

(State aid - Aid granted by the Spanish authorities to certain economic interest groupings (EIG) and their investors - Tax regime applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system) - Decision declaring the aid partly incompatible with the internal market and ordering its recovery in part - Selective nature - Obligation to state reasons - Recovery of the aid - Equal treatment - Legitimate expectations - Legal certainty)

(2020/C 414/46)

Language of the case: Spanish

Parties

Applicant in Case T-515/13 RENV: Kingdom of Spain (represented by: S. Centeno Huerta, acting as Agent)

Applicants in Case T-719/13 RENV: Lico Leasing, SA (Madrid, Spain) Pequeños y Medianos Astilleros Sociedad de Reconversión, SA (Madrid) (represented by: M. Merola and M. Sánchez, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, É. Gippini Fournier and P. Němečková, acting as Agents)

Interveners in Case T-719/13 RENV in support of the applicants: Bankia, SA (Valencia, Spain) and the other 32 interveners whose names are set out in the annex to the judgment (represented by: J. Buendía Sierra, E. Abad Valdenebro, R. Calvo Salinero and A. Lamadrid de Pablo, lawyers)

Re:

Actions based on Article 263 TFEU seeking annulment of Commission Decision 2014/200/EU of 17 July 2013 on the aid scheme SA.21233 C/11 (ex NN/11, ex CP 137/06) implemented by Spain — Tax scheme applicable to certain finance lease agreements also known as the Spanish Tax Lease System (OJ 2014 L 114, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the European Commission before the Court of Justice in Case C-128/16 P and before the General Court in Cases T-515/13 and T-515/13 RENV;

3. Orders Lico Leasing, SA and Pequeños y Medianos Astilleros Sociedad de Reconversión, SA to bear their own costs and to pay those incurred by the Commission before the Court of Justice in Case C-128/16 P and before the General Court in Cases T-719/13 and T-719/13 RENV;

4. Orders Bankia, SA, the other interveners whose names are set out in the annex and Aluminios Cortizo, SAU to bear their own costs incurred in the proceedings referred back to the General Court.

(1) OJ C 336, 16.11.2013.
EN Official Journal of the European Union C 239/44

Judgment of the General Court of 8 June 2017 — Groupe Léa Nature v EUIPO — Debonair Trading Internacional (SO’BiO ētic)

(Case T-341/13 RENV) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark SO’BiO ētic - Earlier EU and national word marks SO…? - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Detriment to reputation - Article 8(5) of Regulation No 207/2009))

(2017/C 239/54)

Language of the case: English

Parties

Applicant: Groupe Léa Nature SA (Périgny, France) (represented by: S. Arnaud, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: D. Gája, Agent)

The other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Debonair Trading Internacional Lda (Funchal, Portugal) (represented by: T. Alkin, Barrister)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 26 March 2013 (Case R 203/2011-1), relating to opposition proceedings between Debonair Trading Internacional and Groupe Léa Nature.

Operative part of the judgment

The Court:

1. Dismisses the action

2. Orders Groupe Léa Nature SA to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by the intervener before the General Court and the Court of Justice.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 96/19

Judgment of the General Court of 10 February 2015 — Infocit v OHIM — DIN (DINKOOL)

(Case T-85/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark DINKOOL - Earlier international figurative mark DIN - Earlier national business identifier DIN - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) and Article 8(4) of Regulation (EC) No 207/2009))

(2015/C 096/24)

Language of the case: English

Parties

Applicant: Infocit — Prestação de Serviços, Comércio Geral e Indústria, Lda (Luanda, Angola) (represented by: A. Oliveira, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: DIN — Deutsches Institut für Normung eV (Berlin, Germany) (represented by: M. Bagh, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 November 2013 (Case R 1106/2012-2) concerning opposition proceedings between DIN — Deutsches Institut für Normung eV and Infocit — Prestação de Serviços, Comércio Geral e Indústria, Lda.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Infocit — Prestação de Serviços, Comércio Geral e Indústria, Lda, to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

3. Orders DIN — Deutsches Institut für Normung eV to bear its own costs.

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 46/52

Judgment of the General Court of 12 December 2014 — Heidrick & Struggles International v OHIM (THE LEADERSHIP COMPANY)

(Case T-43/14) (1)

((Community trade mark - Application for Community word mark THE LEADERSHIP COMPANY - Absolute grounds for refusal - Descriptiveness - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2015/C 046/67)

Language of the case: English

Parties

Applicant: Heidrick & Struggles International Inc. (Chicago, Illinois, United States) (represented by: A. Norris, Barrister-at-Law)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 October 2013 (Case R 338/2013-2) concerning an application for registration of the word sign THE LEADERSHIP COMPANY as a Community trade mark.

Operative part of the judgment

1) The action is dismissed.

2) Heidrick & Struggles International Inc. is ordered to pay the costs.

(1) OJ C 129, 28.4.2014.
EN Official Journal of the European Union C 221/13

Judgment of the General Court of 21 May 2015 — Mo Industries v OHIM (Splendid)

(Case T-203/14) (1)

((Community trade mark - Application for Community figurative mark Splendid - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009 - Equal treatment - Principle of sound administration))

(2015/C 221/18)

Language of the case: English

Parties

Applicant: Mo Industries LLC (Los Angeles, California, United States) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

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

Re:

Action brought against the decision of 7 January 2014 of the First Board of Appeal of OHIM (Case R 1542/2013-1) concerning an application for registration of the figurative sign Splendid as a Community trade mark.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Mo Industries LLC to pay the costs.

(1) OJ C 212, 7.7.2014.
EN Official Journal of the European Union C 155/27

Judgment of the General Court of 26 March 2015 — Bateaux mouches v OHIM (BATEAUX MOUCHES)

(Case T-72/14) (1)

((Community trade mark - International registration designating the European Community - Word mark BATEAUX MOUCHES - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - No distinctive character acquired through use - Article 7(3) of Regulation No 207/2009))

(2015/C 155/31)

Language of the case: French

Parties

Applicant: Compagnie des bateaux mouches SA (Paris, France) (represented by: G. Barbaut, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 November 2013 (Case R 284/2013-2) concerning the registration of the word mark BATEAUX MOUCHES as an international registration designating the European Community.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Compagnie des bateaux mouches SA to pay the costs.

(1) OJ C 102, 7.4.2014.
EN Official Journal of the European Union C 302/51

Judgment of the General Court of 15 July 2015 — The Smiley Company v OHIM — The Swatch Group Management Services (HAPPY TIME)

(Case T-352/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark HAPPY TIME - Earlier international word mark HAPPY HOURS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 302/66)

Language of the case: English

Parties

Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: I.-M. Helbig, P. Hansmersmann and S. Rengshausen, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: The Swatch Group Management Services AG (Biel, Switzerland)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 February 2014 (Case R 1497/2013-1), relating to opposition proceedings between The Swatch Group Management Services AG and The Smiley Company SPRL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders The Smiley Company SPRL to pay the costs.

(1) OJ C 245, 28.7.2014.
EN Official Journal of the European Union C 245/17

Judgment of the General Court of 11 June 2015 — Laboratoires CTRS v Commission

(Case T-452/14) (1)

((Medicinal products for human use - Orphan medicinal products - Marketing authorisation for the medicinal product Cholic Acid FGK (renamed Kolbam) - Therapeutic indications - Market exclusivity - Article 8(1) of Regulation (EC) No 141/2000))

(2015/C 245/20)

Language of the case: English

Parties

Applicant: Laboratoires CTRS (Boulogne-Billancourt, France) (represented by: K. Bacon, Barrister, M. Utges Manley and M. Vickers, Solicitors)

Defendant: European Commission (represented by: E. White, P. Mihaylova and A. Sipos, acting as Agents)

Re:

Application for annulment in part of Commission Implementing Decision C(2014) 2375 of 4 April 2014 granting, in exceptional circumstances, marketing authorisation under Regulation (EC) No 726/2004 of the European Parliament and of the Council for ‘Cholic Acid FGK — cholic acid’, an orphan medicinal product for human use, as amended by Commission Implementing Decision C(2014) 6508 of 11 September 2014 transferring and amending the marketing authorisation granted in exceptional circumstances by Decision C(2014) 2375 for ‘Kolbam — cholic acid’, an orphan medicinal product for human use, in so far as that decision in substance indicates that that medicinal product is authorised for the therapeutic indications for Orphacol or, in the alternative, for annulment of Article 1 of that decision.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision C(2014) 2375 of 4 April 2014 granting, in exceptional circumstances, marketing authorisation under Regulation (EC) No 726/2004 of the European Parliament and of the Council for ‘Cholic Acid FGK — cholic acid’, an orphan medicinal product for human use, as amended by Commission Implementing Decision C(2014) 6508 of 11 September 2014 transferring and amending the marketing authorisation granted in exceptional circumstances by Decision C(2014) 2375 for ‘Kolbam — cholic acid’, an orphan medicinal product for human use;

2. Orders the European Commission to bear its own costs and to pay those of Laboratoires CTRS;

3. Orders ASK Pharmaceuticals GmbH to bear its own costs.

(1) OJ C 253, 4.8.2014.
EN Official Journal of the European Union C 354/35

Judgment of the General Court of 10 September 2015 — Laverana v OHIM (BIO MIT PFLANZENFLUID AUS EIGENER HERSTELLUNG)

(Case T-570/14) (1)

((Community trade mark - Application for Community figurative mark BIO MIT PFLANZENFLUID AUS EIGENER HERSTELLUNG - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2015/C 354/41)

Language of the case: German

Parties

Applicant: Laverana GmbH & Co. KG (Wennigsen, Germany) (represented by: J. Wachinger, M. Zöbisch and D. Chatterjee, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 May 2014 (Case R 124/2014-4) concerning an application for registration of the figurative sign BIO MIT PFLANZENFLUID AUS EIGENER HERSTELLUNG as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laverana GmbH & Co. KG to bear the costs.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 346/28

Judgment of the General Court of 9 September 2015 — Verein StHD v OHIM (Representation of a black ribbon)

(Case T-530/14) (1)

((Community trade mark - Application for Community figurative mark representing a black ribbon - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 346/33)

Language of the case: German

Parties

Applicant: Verein Sterbehilfe Deutschland (Verein StHD) (Zurich, Switzerland) (represented by: P. Brauns, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 May 2014 (Case R 1940/2013-4) concerning an application for registration of a figurative sign representing a black ribbon as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Verein Sterbehilfe Deutschland (Verein StHD) to pay the costs.

(1) OJ C 303, 8.9.2014.
EN Official Journal of the European Union C 389/53

Judgment of the General Court of 25 September 2015 — BSH v OHIM (PerfectRoast)

(Case T-591/14) (1)

((Community mark - Application for Community word mark PerfectRoast - Refusal of registration - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2015/C 389/59)

Language of the case: German

Parties

Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 16 June 2014 (Case R 359/2014-5), concerning an application for registration of the word sign PerfectRoast.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 June 2014 (Case R 359/2014-5) in so far as it dismissed the appeal against the examiner’s decision to reject the application for registration of the Community trade mark PerfectRoast for ‘water heaters’, ‘immersion heaters’ and ‘egg-cookers’.

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 371/24

Judgment of the General Court of 18 September 2015 — Federación Nacional de Cafeteros de Colombia v OHIM — Accelerate (COLOMBIANO COFFEE HOUSE)

(Case T-359/14) (1)

((Community trade mark - Invalidity proceedings - Community figurative mark COLOMBIANO COFFEE HOUSE - Earlier protected geographical indication Café de Colombia - Articles 13 and 14 of Regulation (EC) No 510/2006 - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009))

(2015/C 371/27)

Language of the case: English

Parties

Applicant: Federación Nacional de Cafeteros de Colombia (Bogota, Colombia) (represented by: A. Pomares Caballero and M. Pomares Caballero, lawyers)

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: Accelerate s.a.l. (Beirut, Lebanon)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 27 March 2014 (Case R 1200/2013-5) relating to invalidity proceedings between the Federación Nacional de Cafeteros de Colombia and Accelerate s.a.l.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 27 March 2014 (Case R 1200/2013-5) in so far as it rejected the application for a declaration of invalidity;

2. Orders OHIM to bear its own costs and to pay those incurred by the Federación Nacional de Cafeteros de Colombia.

(1) OJ C 253, 4.8.2014.
EN Official Journal of the European Union C 398/45

Judgment of the General Court of 7 October 2015 — Atlantic Multipower Germany v OHIM — Nutrichem Diät + Pharma (NOxtreme)

(Case T-186/14) (1)

((Community trade mark - Invalidity proceedings - Community word mark NOxtreme - Earlier Community and national figurative marks X-TREME - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 - Genuine use of the earlier mark - Article 43(2) and (3) of Regulation No 207/2009 - Article 15(2) of Regulation No 207/2009))

(2015/C 398/57)

Language of the case: German

Parties

Applicant: Atlantic Multipower Germany GmbH & Co. OHG (Hambourg, Allemagne) (represented by: W. Berlit, lawyer)

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

The other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nutrichem Diät + Pharma GmbH (Roth, Germany) (represented by: D. Jochim and R. Egerer, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 January 2014 (case R 764/2013-4), relating to invalidity proceedings between Atlantic Multipower Germany GmbH & Co. OHG and Nutrichem Diät + Pharma GmbH.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Atlantic Multipower Germany GmbH & Co. OHG to pay the costs.

(1) OJ C 142, 12.5.2014.
EN Official Journal of the European Union C 398/49

Judgment of the General Court of 7 October 2015 — The Smiley Company v OHIM (Shape of a face)

(Case T-243/14) (1)

((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a face - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 398/62)

Language of the case: English

Parties

Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag and C. Albrecht, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 January 2014 (Case R 837/2013-1) concerning an application for registration as a Community trade mark of a three-dimensional sign comprising the shape of a face.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 January 2014 (Case R 837/2013-1) with regard to the refusal to register the mark applied for in respect of ‘preserved, frozen, dried and cooked fruits and vegetables; milk products’;

2. Dismisses the action as to the remainder;

3. Orders the parties to bear their own costs.

(1) OJ C 282, 25.8.2014.
EN Official Journal of the European Union C 429/19

Judgment of the General Court of 29 October 2015 — Vanbreda Risk & Benefits v Commission

(Case T-199/14) (1)

((Public services contracts - Tendering procedure - Supply of insurance services for property and persons - Rejection of a tender - Award of the contract to another tenderer - Equal treatment - Sufficiently serious infringement of a rule of law conferring rights on individuals - Non-contractual liability - Loss of an opportunity - Interim judgment))

(2015/C 429/25)

Language of the case: French

Parties

Applicant: Vanbreda Risk & Benefits (Antwerp, Belgium) (represented initially by: P. Teerlinck and P. de Bandt, then by P. Teerlinck, P. de Bandt and M. Gherghinaru, lawyers)

Defendant: European Commission (represented by: S. Delaude and L. Cappelletti, acting as Agents)

Re:

First, action for annulment of the decision of 30 January 2014 by which the Commission rejected the tender submitted by the applicant for Lot 1 in the context of call for tenders No OIB.DR.2/PO/2013/062/591 relating to the insurance of property and persons (OJ 2013/S 155-269617) and awarded it to another company, and, second, an action for damages.

Operative part of the judgment

The Court:

1. Annuls the decision of 30 January 2014 by which the Commission rejected the tender submitted by the applicant for Lot 1 in the context of call for tenders No OIB.DR.2/PO/2013/062/591 relating to the insurance of property and persons (OJ 2013/S 155-269617) and awarded Lot 1 to another company;

2. Orders the European Union to pay compensation for the harm suffered by Vanbreda Risk & Benefits for the loss of the opportunity to be awarded the abovementioned contract and to obtain the corresponding references for the award of the contract;

3. Dismisses the claim for compensation as to the remainder;

4. Orders the parties to inform the Court, within six months from the delivery of the present judgment, of the amount of compensation arrived at by agreement for that loss suffered;

5. Orders that, in the absence of agreement, the parties shall transmit to the Court, within the same period, a statement of their views with supporting figures;

6. Reserves the costs.

(1) OJ C 159, 26.5.2014.
EN Official Journal of the European Union C 414/29

Judgment of the General Court of 23 October 2015 — I Castellani v OHIM — Chomarat (Representation of a circle)

(Case T-137/14) (1)

((Community trade mark - Revocation procedure - Figurative mark representing a circle - Genuine use of a mark - Extent of use - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Shape which differs by elements which do not alter the distinctive character of the mark - Rights of the defence - Article 75 of Regulation No 207/2009))

(2015/C 414/37)

Language of the case: English

Parties

Applicant: I Castellani Srl (Meldola, Italy) (represented by: M. Caramelli, F. Boscariol de Roberto, I. Gatto and D. Martucci, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Compagnie Chomarat (Paris, France)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 December 2013 (Case R 1001/2012-2), relating to revocation proceedings between Compagnie Chomarat and I Castellani Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders I Castellani Srl to pay the costs.

(1) OJ C 135, 5.5.2014.