ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 22/43

Judgment of the Court of First Instance of 11 December 2007 — Portela & Companhia v OHIM — Torrens Cuadrado and Gilbert Sanz (Bial)

(Case T-10/06) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark Bial - Earlier national word mark BIAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Proof of existence of the earlier mark - Coexistence of earlier marks - Plea amending subject matter of the proceedings - Evidence presented for the first time before the Court of First Instance - Costs incurred before the Opposition Division)

(2008/C 22/79)

Language of the case: Portuguese

Parties

Applicant: Portela & Companhia, SA (S. Mamede do Coronado, Portugal) (represented by: J. Conceição Pimenta, Lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Juan Torrens Cuadrado and Josep Gilbert Sanz (Gava, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 897/2004-1) concerning opposition proceedings between (a) Juan Torrens Cuadrado and Josep Gilbert Sanz and (b) Portela & Companhia, 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 14 September 2005 (Case R 897/2004-1) in so far as it orders the applicant to pay the sum of EUR 600 towards the costs incurred by Mr Torrens Cuadrado and Mr Gilbert Sanz for the opposition proceedings.

2. Dismisses the remainder of the application.

3. Orders Portela & Companhia, SA to pay, in addition to its own costs, half the costs incurred by OHIM.

(1) OJ C 60, 11.3.2006.
EN Official Journal of the European Union C 209/47

Judgment of the Court of First Instance of 8 July 2008 — Sviluppo Italia Basilicata v Commission

(Case T-176/06) (1)

(European Regional Development Fund (FEDER) - Reduction in financial assistance - Application for annulment - Venture capital fund - Deadline for the completion of investment projects - Procedure - Principles of protection of legitimate expectations and legal certainty - Principle of proportionality - Statement of reasons - Action for damages)

(2008/C 209/81)

Language of the case: Italian

Parties

Applicant: Sviluppo Italia Basilicata SpA (Potenza, Italy) (represented by: F. Sciaudone, D. Fioretti, S. Frazzani and R. Sciaudone, lawyers)

Defendant: Commission of the European Communities (represented by: L. Flynn and M. Velardo, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Annulment of Commission Decision C(2006) 1706 of 20 April 2006 reducing the financial assistance from the European Regional Development Fund in favour of an overall allocation for the purpose of implementing measures to support small and medium-sized enterprises operating in the Basilicata Region of Italy, granted under the Community support framework for Community structural assistance in the regions of Italy covered by Objective 1, and application for damages for the harm caused by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Italia Basilicata SpA to pay the costs.

(1) OJ C 190, 12.8.2006.
EN Official Journal of the European Union C 158/16

Order of the Court of First Instance of 30 April 2008 — Sonia Rykiel création et diffusion de modèles v OHIM — Cuadrado (SONIA SONIA RYKIEL)

(Case T-131/06) (1)

(Community trade mark - Application for the Community figurative mark SONIA SONIA RYKIEL - Earlier national word mark SONIA - Relative ground for refusal - Genuine use of the mark - Article 43(2) and (3) of Regulation (EC) No 40/94)

(2008/C 158/24)

Language of the case: English

Parties

Applicant: Sonia Rykiel création et diffusion de modèles (Paris, France) (represented by: E. Baud and S. Strittmatter, 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: Cuadrado, SA (Seville, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 January 2006 (Case R 329/2005-1) relating to opposition proceedings between Cuadrado, SA and Sonia Rykiel création et diffusion de modèles.

Operative part of the order

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 30 January 2006 (Case R 329/2005-1).

2. Orders OHIM to pay the costs.

(1) OJ C 165, 15.7.2006.
EN Official Journal of the European Union C 285/36

Judgment of the Court of First Instance of 24 September 2008 — Oakley v OHIM — Venticinque (O STORE)

(Case T-116/06) (1)

(Community trade mark - Invalidity proceedings - Community word mark O STORE - Earlier national word mark THE O STORE - Comparison of services provided in connection with retail trade with corresponding goods - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 - Application for alteration made by the intervener - Article 134(3) of the Rules of Procedure of the Court of First Instance)

(2008/C 285/64)

Language of the case: English

Parties

Applicant: Oakley, Inc. (One Icon, Foothill Ranch, United States) (represented by: M. Huth-Dierig and M. Nentwig, lawyers)

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 intervening before the Court of First Instance: Venticinque Ltd (Hailsham, East Sussex, United Kingdom) (represented by: D. Caneva, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Joined Cases R 682/2004-1 and R 685/2004-1) concerning invalidity proceedings between Venticinque Ltd and Oakley, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Oakley, Inc., to pay the costs, except those incurred by the intervener;

3. Orders Venticinque Ltd to pay its own costs.

(1) OJ C 154, 1.7.2006.
EN Official Journal of the European Union C 272/22

Judgment of the Court of First Instance of 10 September 2008 — Gualtieri v Commission

(Case T-284/06) (1)

(Seconded National Expert - Subsistence allowances - Place of residence at the time of secondment - Objection of illegality of Article 20(3)(b) of the decision on Seconded National Experts - Principle of equal treatment)

(2008/C 272/41)

Language of the case: Italian

Parties

Applicant: Claudia Gualtieri (Brussels, Belgium) (represented by: P. Gualtieri and M. Gualtieri, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall, acting as Agent, and G. Faedo, lawyer)

Re:

Annulment of the decision of the Commission of 30 January 2006 dismissing the applicant's claim for adjustment, following her divorce, of the amount of the allowances payable under Article 17 of Commission Decision C(2002) 1559 of 30 April 2002 laying down the rules applicable to National Experts, as amended

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Claudia Gualtieri to pay the costs.

(1) OJ C 154, 1.7.2006 (formerly Case F-53/06).
EN Official Journal of the European Union C 19/25

Judgment of the Court of First Instance of 26 November 2008 — En Route International v OHIM (FRESHHH)

(Case T-147/06) (1)

(Community trade mark - Application for registration of the word mark FRESHHH as a Community trade mark - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2009/C 19/46)

Language of the case: German

Parties

Applicant: En Route International Ltd (Datchet, United Kingdom) (represented by: W. Göpfert, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 March 2006 (Case R 352/2005-4) concerning registration of the word sign FRESHHH as a Community trade mark.

Operative part of the judgment

1. The action is dismissed.

2. En Route International Ltd is ordered to pay the costs.

(1) OJ C 178 of 29.7. 2006.
EN Official Journal of the European Union C 313/30

Judgment of the Court of First Instance of 23 October 2008 — Adobe v OHIM (FLEX)

(Case T-158/06) (1)

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

(2008/C 313/52)

Language of the case: English

Parties

Applicant: Adobe Systems Inc. (San Jose, California, United States) (represented by: M. Graf and F. Wesel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, D. Botis and G. Schneider, Agents)

Re:

Action for annulment of the decision of the Second Board of Appeal of OHIM of 11 April 2006 (Case R 1430/2005-2) concerning registration of the Community trade mark FLEX No 3 795 011.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Adobe Systems Inc. to pay the costs.

(1) OJ C 190, 12.8.2006.
EN Official Journal of the European Union C 113/32

Judgment of the Court of First Instance of 24 March 2009 — Moreira da Fonseca v OHIM — General Óptica (GENERAL OPTICA)

(Joined Cases T-318/06 to T-321/06) (1)

(Community trade mark - Invalidity proceedings - Multi-coloured Community figurative marks GENERAL OPTICA - Earlier business name Generalóptica - Relative ground for refusal - Local significance of the earlier sign - Articles 8(4) and 52(1)(c) of Regulation (EC) No 40/94)

2009/C 113/64

Language of the case: English

Parties

Applicant: Alberto Jorge Moreira da Fonseca, Lda (Santo Tirso, Portugal) (represented by: M. Oehen Mendes and D. Jeffries, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: General Óptica, SA (Barcelona, Spain) (represented by: M. Curell Aguilà and X. Fàbrega Sabaté, lawyers)

Re:

Four actions brought against the decisions of the First Board of Appeal of OHIM of 8 August 2006 (Cases R 944/2005-1, R 945/2005-1, R 946/2005-1 and R 947/2005-1), concerning four sets of invalidity proceedings between Alberto Jorge Moreira da Fonseca, Lda and General Óptica, SA

Operative part of the judgment

The Court:

1. Dismisses the actions.

2. Orders Alberto Jorge Moreira da Fonseca, Lda to pay the costs.

(1) OJ C 236, 30.12.2006.
EN Official Journal of the European Union C 44/42

Judgment of the Court of First Instance of 18 December 2008 — General Química v Commission

(Case T-85/06) (1)

(Competition - Agreements, decisions and concerted practices - Rubber chemicals sector - Decision finding an infringement of Article 81 EC - Exchange of confidential information and price fixing - Imputation to parent company - Joint and several liability - Fines - Leniency notice)

(2009/C 44/72)

Language of the case: Spanish

Parties

Applicants: General Química, SA (Alava, Spain); Repsol Química, SA (Madrid, Spain); and Repsol YPF, SA (Madrid) (represented by: J.M. Jiménez Laiglesia Oñate and J. Jiménez Laiglesia Oñate, lawyers)

Defendant: Commission of the European Communities (represented by: F. Castillo de la Torre and F. Amato, then by F. Castillo de la Torre, Agents)

Re:

Application for partial annulment of Commission Decision 2006/902/EC of 21 December 2005 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement against Flexsys NV, Bayer AG, Crompton Manufacturing Company Inc. (former Uniroyal Chemical Company Inc.), Crompton Europe Ltd, Chemtura Corporation (former Crompton Corporation), General Química SA, Repsol Química SA and Repsol YPF SA (Case No COMP/F/C.38.443 — Rubber chemicals) (OJ 2006 L 353, p. 50), and, alternatively, the reduction of the fine imposed on the applicants

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders General Química, SA, Repsol Química, SA and Repsol YPF, SA to bear their own costs and pay the Commission's costs.

(1) OJ C 131, 3.6.2006.
EN Official Journal of the European Union C 267/55

Judgment of the Court of First Instance of 23 September 2009 — Arcandor v OHIM — dm drogerie market (S-HE)

(Case T-391/06) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark S-HE - Earlier national word mark SHE, earlier national and international figurative trade mark She - Relative ground for refusal - No likelihood of confusion - Lack of 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)

2009/C 267/94

Language of the case: German

Parties

Applicant: Arcandor AG, previously Karstadt Quelle AG (Essen, Germany) (represented by: V. von Bomhard, A. Renck and T. Dolde, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: dm drogerie market GmbH (Wals, Austria) (represented by: N. Dick and M. Dyck, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM No R 301/2006-1 of 26 September 2006 concerning opposition proceedings between Karstadt Quelle AG and dm drogerie market GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Arcandor AG, previouslyt Karstadt Quelle AG to pay the costs.

(1) OJ C 42 of 24.2.2007.
EN Official Journal of the European Union C 167/9

Judgment of the Court of First Instance of 3 June 2009 — Commission v Burie Onderzoek en advies

(Case T-179/06) (1)

(Arbitration clause - Contracts concluded under the RACE II programme and a specific programme in the field of telematic applications of common interest - Repayment of part of the advances paid - Jurisdiction of the Court of First Instance - Partial inadmissibility - Principle of sound administration - Counterclaim)

2009/C 167/19

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (represented initially by A. Weimar and L. Escobar Guerrero, and subsequently by W. Roels, Agents, assisted by W. Rupert)

Defendant: Burie Onderzoek en Advies BV (Nijeholtpade, Netherlands) (represented by: I. van den Berge and A. Appelman, lawyers)

Re:

Application pursuant to an arbitration clause within the meaning of Article 238 EC seeking an order that Burie Onderzoek en Advies BV repay part of the advances paid by the European Community, together with default interest, in implementation of two financing contracts in the field of advanced communications technologies in Europe and of telematic applications.

Operative part of the judgment

The Court:

1. Dismisses as inadmissible the action concerning the repayment of advances paid by the Commission under the Barbara (Broad Range of Community Based Telematics Applications in Rural Areas) contract with reference number ‘Project R 2022’ in so far as that action is directed against Burie Onderzoek en Advies BV, on the ground that it is clear that the Court of First Instance has no jurisdiction to take cognisance of the action;

2. Orders Burie Onderzoek en Advies, under the Telepromise (Telematics to Provide for Missing Services) contract with reference number ‘Project UR 1028’, to pay the Commission the principal sum of EUR 109 535,62 plus default interest at the applicable statutory rate in the Netherlands from 31 August 2001 until full payment of the debt;

3. Dismisses the counterclaim of Burie Onderzoek en Advies;

4. Orders each party to bear its own costs.

(1) OJ C 224, 16.9.2006.
Judgment of the General Court of 27 April 2010 — UniCredito Italiano v OHIM — Union Investment Privatfonds (UNIWEB)

(Jointed Cases T-303/06 and T-337/06) (1)

(Community trade mark - Opposition proceedings - Applications for Community word marks UNIWEB and UniCredit Wealth Management - Earlier national word marks UNIFONDS and UNIRAK and earlier national figurative mark UNIZINS - 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 161/57)

Language of the case: Italian

Parties

Applicant: UniCredito Italiano SpA (Genoa, Italy) (represented by: G. Floridia, R. Floridia and F. Polettini, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Union Investment Privatfonds GmbH (Frankfurt am Main, Germany) (represented by: J. Zindel, lawyer)

Re:

Action brought against two decisions of the Second Board of Appeal of OHIM of 5 September 2006 (Joined Cases R 196/2005-2 and R 211/2005-2) and of 25 September 2006 (Joined Cases R 456/2005-2 and R 502/2005-2), concerning opposition proceedings between Union Investment Privatfonds GmbH and UniCredito Italiano SpA.

Operative part of the judgment

The Court:

1. Orders that Cases T-303/06 and T-337/06 shall be joined for the purposes of the judgment;

2. Annuls the Decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 September 2006 (Joined Cases R 196/2005-2 and R 211/2005-2) in so far as it dismisses the appeal by UniCredito Italiano SpA in Case R 211/2005-2 by upholding the oppositions to the registration of the trade mark applied for, UNIWEB, with regard to ‘Banking business; financial affairs; monetary affairs; insurance; financial and insurance consultancy and information; credit/debit card services; banking and financial services via the Internet’ in Class 36;

3. Annuls the Decision of the Second Board of Appeal of OHIM of 25 September 2006 (Joined Cases R 456/2005-2 and R 502/2005-2) in so far as it dismisses the appeal by UniCredito Italiano SpA in Case R 456/2005-2 by upholding the oppositions to the registration of the trade mark applied for, UniCredit Wealth Management, with regard to ‘Banking business; financial affairs; monetary affairs; assurance; financial information’ in Class 36;

4. Dismisses the applications of Union Investment Privatfonds GmbH;

5. Orders each party to bear its own costs.

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 11/22

Judgment of the Court of First Instance of 19 November 2009 — Agencja Wydawnicza Technopol v OHIM (1000)

(Case T-298/06) (1)

(Community trade mark - Application for Community word mark 1000 - 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 11/41

Language of the case: English

Parties

Applicant: Agencja Wydawnicza Technopol sp. z o.o. (Częstochowa, Poland) (represented by: V. von Bomhard, A. Renck and T. Dolde, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 August 2006 (Case R 447/2006-4), relating to the application for registration of the word mark 1000 as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.

(1) OJ C 310, 16.12.2006.
EN Official Journal of the European Union C 145/21

Judgment of the General Court of 24 March 2011 — FRA.BO v Commission

(Case T-381/06) (1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Fines - Leniency Notice - Guidelines on the method of setting fines - Attenuating circumstances - Immunity from fines - Legitimate expectations - Equal treatment)

2011/C 145/31

Language of the case: English

Parties

Applicant: FRA.BO SpA (Bordolano, Italy) (represented initially by R. Celli, Solicitor, and F. Distefano, lawyer, and subsequently by F. Distefano)

Defendant: European Commission (represented by: A. Nijenhuis and V. Bottka, acting as Agents, and by S. Kinsella, Solicitor, and K. Nordlander, lawyer)

Re:

Application for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings), and also, in the alternative, for a reduction in the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders FRA.BO SpA to pay the costs.

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 301/22

Judgment of the General Court of 13 September 2010 — TF1 v European Commission

(Case T-193/06) (1)

(State aid - Aid schemes for cinematographic and audiovisual production - Decision not to raise objections - Actions for annulment - Absence of any significant effect on the competitive position - Inadmissibility)

2010/C 301/34

Language of the case: French

Parties

Applicant: Télévision française 1 SA (TF1) (Boulogne-Billancourt, France) (represented by: J. P. Hordies and C. Smits, lawyers)

Defendant: European Commission (represented by: C. Giolito, T. Scharf and B. Stromsky, acting as Agents)

Intervener in support of the defendant: French Republic (represented by: G. de Bergues and L. Butel, acting as Agents)

Re:

APPLICATION for annulment of Commission Decision C(2006) 832 Final of 22 March 2006 relating to support measures for the cinema and audiovisual industry in France (State aid NN 84/2004 and N 95/2004 — France, Aid schemes for the film and audiovisual industry)

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders Télévision française 1 SA (TF1) to bear its own costs and to pay the costs incurred by the European Commission;

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

(1) OJ C 224, 16.9.2006.
EN Official Journal of the European Union C 340/15

Judgment of the General Court of 5 October 2011 — Mindo v Commission

(Case T-19/06) (1)

(Competition - Agreements, decisions and concerted practices - Italian market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Payment of the fine by the jointly and severally liable debtor - Applicant involved in an insolvency procedure in the course of the proceedings - No longer any interest in bringing proceedings - No need to adjudicate)

2011/C 340/28

Language of the case: English

Parties

Applicant: Mindo Srl (Rome, Italy) (represented by: J. Folguera Crespo and P. Vidal Martínez, lawyers)

Defendant: European Commission (represented initially by É. Gippini Fournier, N. Khan and F. Amato, and subsequently by É. Gippini Fournier, N. Khan and L. Malferrari, Agents)

Re:

Application for partial annulment of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy) and, in the alternative, application for a reduction in the fine imposed on Mindo Srl.

Operative part of the judgment

The Court:

1. Declares that there is no need to adjudicate on the action;

2. Orders Mindo Srl to pay the costs.

(1) OJ C 60, 11.3.2006.