ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 59/13

Judgment of the General Court of 17 December 2015 — SNCF v Commission

(Case T-242/12) (1)

((State aid - Aid measures implemented by France in favour of Sernam SCS - Aid measures for restructuring and recapitalising, guarantees and debt write-off by SNCF in favour of Sernam - Decision declaring the aid measures incompatible with the internal market - Misuse of aid - Recovery - Economic continuity - Private investor criterion))

(2016/C 059/12)

Language of the case: French

Parties

Applicant: Société nationale des chemins de fer français (SNCF) (Paris, France) (represented by: P. Beurier, O. Billard and V. Landes, lawyers)

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

Intervener in support of the applicant: French Republic (represented by: initially D. Colas and J. Gstalter, subsequently by D. Colas and J. Rossi and finally by D. Colas and J. Bousin, acting as Agents)

Intervener in support of the defendant: Mory SA, in liquidation, (Pantin, France) and Mory Team, in liquidation, (Pantin) (represented by: B. Vatier and F. Loubières, lawyers)

Re:

Application for annulment of Commission Decision 2012/398/EU of 9 March 2012 on State aid SA. 12522 (C 37/08) — France — Enforcing the Sernam 2 Decision (OJ 2012 L 195, p. 19).

Operative part of the judgment

The Court:

1. Dismisses the application of the Société nationale des chemins de fer français (SNCF);

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

3. Orders the French Republic to bear its own costs;

4. Orders Mory and Mory Team to bear their own costs.

(1) OJ C 273, 8.9.2012.
EN Official Journal of the European Union C 245/13

Judgment of the General Court of 11 June 2014 — Golam v OHIM — Glaxo Group (METABIOMAX)

(Case T-62/13) (1)

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

2014/C 245/17

Language of the case: Greek

Parties

Applicant: Sofia Golam (Athens, Greece) (represented by: N. Trovas, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Glaxo Group Ltd (Greenford, United Kingdom) (represented by: G. Ballas and N. Prentoulis, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 October 2012 (Case R 2089/2011-2), relating to opposition proceedings between Glaxo Group Ltd and Ms Sofia Golam

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Sofia Golam to pay the costs.

(1) OJ C 86, 23.3.2013.
EN Official Journal of the European Union C 175/41

Judgment of the General Court of 9 April 2014 — MHCS v OHIM — Ambra (DORATO)

(Case T-249/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark DORATO - Earlier Community and national figurative trade marks representing bottle neck labels - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Rule 50(1) of Regulation (EC) No 2868/95))

2014/C 175/55

Language of the case: English

Parties

Applicant: MHCS (Épernay, France) (represented by: P. Boutron, N. Moya Fernández and L.-É. Balleydier, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Ambra SA (Warsaw, Poland) (represented by: M. KaczanParchimowicz, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 February 2013 (Case R 1877/2011-2), relating to opposition proceedings between MHCS and Ambra SA.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders MHCS to pay the costs, including the costs necessarily incurred by Ambra SA for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 207, 20. 7. 2013.
EN Official Journal of the European Union C 380/10

Judgment of the General Court of 11 September 2014 — Continental Wind Partners v OHIM Continental Reifen Deutschland (CONTINENTAL WIND PARTNERS)

(Case T-185/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark CONTINENTAL WIND PARTNERS - Earlier international figurative mark Continental - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Partial refusal of registration))

2014/C 380/12

Language of the case: German

Parties

Applicant: Continental Wind Partners LLC (Wilmington, Delaware, United States) (represented by: O. Bischof, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Continental Reifen Deutschland GmbH (Hannover, Germany) (represented by: S. Gillert, K. Vanden Bossche, B. Köhn-Gerdes and J. Schumacher, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 January 2013 (Case R 2204/2011-2), relating to opposition proceedings between Continental Reifen Deutschland GmbH and Continental Wind Partners LLC.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Continental Wind Partners LLC to pay the costs.

(1) OJ C 156, 1.6.2013.
EN Official Journal of the European Union C 292/39

Judgment of the General Court of 15 July 2014 — Laskiewicz v OHIM — Cables y Eslingas (PROTEKT)

(Case T-18/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark PROTEKT - Earlier Spanish word marks PROTEK - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 73 of Regulation No 207/2009))

2014/C 292/48

Language of the case: Polish

Parties

Applicant: Grzegorz Laskiewicz (Łódź) (represented by: J. Gwiazdowska, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Cables y Eslingas SA (Cerdanyola del Valles, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 October 2012 (Case R 701/2011-4) relating to opposition proceedings between Cables y Eslingas SA and Mr Grzegorz Laskiewicz.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Grzegorz Laskiewicz to pay the costs.

(1) OJ C 108, 13 April 2013.
EN Official Journal of the European Union C 409/36

Judgment of the General Court of 8 October 2014 — Laboratoires Polive v OHIM — Arbora & Ausonia (DODIE)

(Case T-77/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark DODIE - Earlier national word mark DODOT - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Power to alter decisions))

2014/C 409/51

Language of the case: English

Parties

Applicant: Laboratoires Polive (Levallois-Perret, France) (represented by: A. Sion, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Arbora & Ausonia, SLU (Barcelona, Spain) (represented by: R. Guerras Mazón, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 31 October 2012 (Case R 1949/2011-2) relating to opposition proceedings between Arbora & Ausonia, SLU and Laboratoires Polive.

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 31 October 2012 (Case R 1949/2011-2);

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and to pay those incurred by Laboratoires Polive;

4. Orders Arbora & Ausonia, SLU to bear its own costs.

(1) OJ C 108, 13.4.2013.
Judgment of the General Court of 26 September 2014 — Molda v Commission

(Case T-629/13) (1)

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

(2014/C 395/59)

Language of the case: German

Parties

Applicant: Molda AG (Dahlenburg, Germany) (represented by: I. Zenke, M. Y. Vollmer, C. Telschow and A. Schulze, lawyers)

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

Re:

Application for annulment of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27) in so far as Article 1(1) thereof rejects granting the applicant the supplementary quotas requested for the third trading period of the 2013 to 2020 emissions trading on the basis of the hardship clause under Paragraph 9(5) of the Treibhausgas-Emissionshandelsgesetz (German Law on Greenhouse Gas Emissions Trading) of 21 July 2011.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Molda AG to pay the costs.

(1) OJ C 31, 1.2.2014.
EN Official Journal of the European Union C 7/33

Judgment of the General Court of 18 November 2014 — Repsol v OHIM — Adell Argiles (ELECTROLINERA)

(Case T-308/13) (1)

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

(2015/C 007/36)

Language of the case: Spanish

Parties

Applicant: Repsol, SA (Madrid, Spain) (represented by: J.-B. Devaureix and L. Montoya Terán, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Josep María Adell Argiles (Madrid, Spain) (represented by: initially M. García Jiménez and A. Zuazo Araluze, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 March 2013 (Case R 1565/2012-1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA.

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 7 March 2013 (Case R 1565/2012-1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA. In so far as concerns the ‘industrial oils and greases; lubricants; fuels (including motor spirit)’ in Class 4 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 226, 3.8.2013.
EN Official Journal of the European Union C 421/40

Judgment of the General Court of 16 October 2014 — Larrañaga Otaño v OHIM (GRAPHENE)

(Case T-459/13) (1)

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

2014/C 421/55

Language of the case: Spanish

Parties

Applicants: Joseba Larrañaga Otaño (San Sebastián, Spain) and Mikel Larrañaga Otaño (San Sebastián) (represented by: F. Bueno Salamero, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 12 June 2013 (Case R 210/2013-2) concerning an application for registration of the word sign GRAPHENE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Joseba Larrañaga Otaño and Mikel Larrañaga Otaño to pay the costs.

(1) OJ C 313, 26.10.2013.
EN Official Journal of the European Union C 46/51

Judgment of the General Court of 11 December 2014 — Faita v EESC

(Case T-619/13 P) (1)

((Appeal - Civil service - Officials - Psychological harassment - Lack of assistance and a breach of the duty of care - Error of law - Right of defence))

(2015/C 046/65)

Language of the case: French

Parties

Appellant: Carla Faita (Brussels, Belgium) (represented by: D. de Abreu Caldas, M. de Abreu Caldas and J.-N. Louis, lawyers)

Other party to the proceedings: European Economic and Social Committee (EESC) (represented by: M. Pascua Mateo and L. Camarena Januzec, acting as Agents, assisted by M. Troncoso Ferrer and F. M. Hislaire, lawyers)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 16 September 2013 in Faita v EESC (F-92/11, ECR — SC, EU:F:2013:130), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Ms Carla Faita to bear her own costs and to pay the costs incurred by the European Economic and Social Committee (EESC).

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 34/38

Judgment of the General Court of 9 December 2014 — Leder & Schuh International v OHIM — Epple (VALDASAAR)

(Case T-519/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark VALDASAAR - Earlier Community word mark Val d’Azur - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 034/44)

Language of the case: German

Parties

Applicant: Leder & Schuh International AG (Salzburg, Austria) (represented by: S. Korn, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Valeria Epple (Bronnen, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 July 2013 (Case R 719/2012-1), relating to opposition proceedings between Valerie Epple and Leder & Schuh International AG.

Operative part of the judgment

1. The action is dismissed.

2. Leder & Schuh International AG is ordered to pay the costs.

(1) OJ C 344, 23.11.2013.
EN Official Journal of the European Union C 81/16

Judgment of the General Court of 22 January 2015 — Pro-Aqua International v OHIM — Rexair (WET DUST CAN’T FLY)

(Case T-133/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark WET DUST CAN’T FLY - Absolute ground for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2015/C 081/20)

Language of the case: English

Parties

Applicant: Pro-Aqua International GmbH (Ansbach, Germany) (represented by: T. Raible, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Rexair LLC (Troy, Michigan, United States of America) (represented by A. Bayer, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 December 2012 (Case R 211/2012-2), concerning invalidity proceedings between Pro-Aqua International GmbH and Rexair LLC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pro-Aqua International GmbH to pay the costs.

(1) OJ C 123, 27.4.2013.
EN Official Journal of the European Union C 65/32

Judgment of the General Court of 15 January 2015 — MEM v OHIM (MONACO)

(Case T-197/13) (1)

((Community trade mark - International registration designating the European Community - Word mark MONACO - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 151(1) and Article 154(1) of Regulation (EC) No 207/2009 - Article 7(1)(b) and (c) and Article 7(2) of Regulation No 207/2009 - partial refusal of protection))

(2015/C 065/44)

Language of the case: French

Parties

Applicant: Marques de l’État de Monaco (MEM) (Monaco, Monaco) (represented by: S. Arnaud, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 January 2013 (Case R 113/2012-4) concerning the international registration designating the European Community of the word mark MONACO.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Marques de l’État de Monaco (MEM) to pay the costs.

(1) OJ C 156, 1.6.2013.
1)

Annuls Commission Implementing Decision 2013/214/EU of 2 May 2013 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) in so far as it imposes a financial correction of 5 % with respect to the agro-environmental measures connected with the criterion relating to the use of fertilisers;
EN Official Journal of the European Union C 96/16

Judgment of the General Court of 10 February 2015 — Boehringer Ingelheim International v OHIM — Lehning entreprise (ANGIPAX)

(Case T-368/13) (1)

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

(2015/C 096/19)

Language of the case: French

Parties

Applicant: Boehringer Ingelheim International GmbH (Ingelheim am Rhein, Germany) (represented by: initially V. von Bomhard and D. Slopek, lawyers, then V. von Bomhard)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Lehning entreprise SARL (Sainte-Barbe, France) (represented by: P. Demoly, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 29 April 2013 (Case R 571/2012-5), relating to opposition proceedings between Boehringer Ingelheim International GmbH and Lehning entreprise SARL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Boehringer Ingelheim International GmbH to pay the costs, including the expenses necessarily incurred by Lehning entreprise SARL for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 190/12

Judgment of the General Court of 16 April 2015 — Matratzen Concord v OHIM — KBT (ARKTIS)

(Case T-258/13) (1)

((Community trade mark - Revocation proceedings - Community word mark ARKTIS - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 - Form of use of the mark - Proof use for the registered goods - Consent of the trade mark owner))

(2015/C 190/14)

Language of the case: German

Parties

Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: I. Selting and J. Mertens, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: KBT & Co. Ernst Kruchen agenzia commerciale sociétá in accomandita (Locarno, Switzerland) (represented by: K. Schulze Horn, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 March 2013 (Case R 2133/2011-4) relating to revocation proceedings between Matratzen Concord GmbH and KBT & Co. Ernst Kruchen agenzia commerciale sociétá in accomandita.

Operative part of the judgment

1. Dismisses the action;

2. Orders Matratzen Concord GmbH to pay the costs including the expenses necessarily incurred by KBT & Co. Ernst Kruchen agenzia commerciale sociétá in accomandita for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 146/38

Judgment of the General Court of 19 March 2015 — Chin Haur Indonesia v Council

(Case T-412/13) (1)

((Dumping - Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia - Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China - Circumvention - Failure to cooperate - Articles 13 and 18 of Regulation (EC) No 1225/2009 - Obligation to state reasons - Error of assessment))

(2015/C 146/51)

Language of the case: English

Parties

Applicant: Chin Haur Indonesia, PT (Tangerang, Indonesia) (represented by: T. Müller-Ibold and F.-C. Laprévote, lawyers)

Defendant: Council of the European Union (represented by: S. Boelaert, Agent, and by R. Bierwagen, lawyer)

Interveners in support of the defendant: European Commission (represented by: J.-F. Brakeland and M. França, Agents); and Maxcom Ltd (Plovdiv, Bulgaria) (represented by: L. Ruessmann, lawyer, and J. Beck, Solicitor)

Re:

Application for the partial annulment of Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not (OJ 2013 L 153, p. 1).

Operative part of the judgment

The Court:

1) Annuls Article 1(1) and (3) of Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, to the extent that it concerns Chin Haur Indonesia, PT;

2) Orders the Council of the European Union to pay the costs incurred by Chin Haur Indonesia and to bear its own costs;

3) Orders the European Commission and Maxcom Ltd to bear their own costs.

(1) OJ C 274, 21.9.2013.