ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 389/45

Judgment of the General Court of 24 September 2015 — Primagaz v OHIM — Reeh (PRIMA KLIMA)

(Case T-195/14) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark PRIMA KLIMA - Earlier Community figurative mark PRIMAGAZ - Relative ground for refusal - Likelihood of confusion - Relevant public - Similarity of goods and services - Similarity of the signs - Distinctive character of a laudatory word element - Conceptual comparison - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 389/48)

Language of the case: German

Parties

Applicant: Compagnie des gaz de pétrole Primagaz SA (Paris, France) (represented by: D. Régnier, 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, intervening before the General Court: Gerhard Reeh (Radnice, Czech Republic) (represented by: W. Riegger, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 January 2014 (Case R 2304/2012-1), relating to opposition proceedings between Compagnie des gaz de pétrole Primagaz SA and Mr Gerhard Reeh.

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 January 2014 (Case R 2304/2012-1) in so far as the Board of Appeal dismissed the action before it as regards the goods ‘apparatus for lighting, heating, drying and ventilating; activated carbon filters for ventilation purposes’;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 175, 10.6.2014.
EN Official Journal of the European Union C 398/43

Judgment of the General Court of 8 October 2015 — Secolux v Commission

(Case T-90/14) (1)

((Public service contracts - Tendering procedure - Safety checks - Rejection of a tenderer’s bid - Award of the contract to another tenderer - Non-contractual liability))

(2015/C 398/54)

Language of the case: French

Parties

Applicant: Secolux, Association pour le contrôle de la sécurité de la construction (Capellen, Luxembourg) (represented by: N. Prüm-Carré and E. Billot, lawyers)

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

Re:

First, application for annulment of the Commission’s decision of 3 December 2013 rejecting the tenders submitted by the applicant in the context of a call for tenders concerning the provision of safety checks services and, secondly, a claim for compensation for the damage allegedly suffered as a result of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Secolux, Association pour le contrôle de la sécurité de la construction, to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 398/48

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

(Case T-242/14) (1)

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

(2015/C 398/61)

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 836/2013-1) concerning an application for registration as a Community trade mark of a three-dimensional sign comprising the shape of a face with horns.

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 836/2013-1) 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 7/28

Judgment of the General Court of 18 November 2015 — Liu v OHIM — DSN Marketing (Case for a portable computer)

(Case T-813/14) (1)

((Community design - Invalidity proceedings - Registered Community design representing a case for a portable computer - Identical earlier designs - Ground for invalidity - Lack of novelty within the meaning of Article 5(1) of Regulation (EC) No 6/2002 - Disclosure of earlier designs prior to the priority date - Article 7(1) and (2) of Regulation No 6/2002))

(2016/C 007/38)

Language of the case: English

Parties

Applicant: Min Liu (Guangzhou, China) (represented initially by R. Bailly, S. Zhang and Y. Zhang, and subsequently by Y. Zhang, 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: DSN Marketing Ltd (Crawley, United Kingdom)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 7 October 2014 (Case R 1864/2013-3), relating to invalidity proceedings between DSN Marketing Ltd and Mr Min Liu.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Min Liu to pay the costs.

(1) OJ C 65, 23.2.2015.
EN Official Journal of the European Union C 414/31

Judgment of the General Court of 23 October 2015 — David Bonney v OHIM — Bruno (ATHEIST)

(Case T-714/14) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark ATHEIST - Earlier national word mark athé - Relative ground for refusal - Article 8(1)(b) and (2) of Regulation (EC) No 207/2009))

(2015/C 414/40)

Language of the case: English

Parties

Applicant: David Bonney (London, United Kingdom) (represented by: D. Farnsworth, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially by L. Rampini, and subsequently by D. Walicka, acting as Agents)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 August 2015 (Case R 803/2013-4), relating to opposition proceedings between Ms Vanessa Bruno and Mr David Bonney.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr David Bonney to bear his own costs and to pay those incurred by Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 431, 1.12.2014.
EN Official Journal of the European Union C 27/42

Judgment of the General Court of 26 November 2015 — Demp v OHIM (TURBO DRILL)

(Case T-50/14) (1)

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

(2016/C 027/50)

Language of the case: German

Parties

Applicant: Demp BV (Vianen, Netherlands) (represented by: C. Gehweiler, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 November 2013 (Case R 1254/2013-4), concerning an application for registration of the word sign TURBO DRILL as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Demp BV to pay the costs.

(1) OJ C 78, 15.3.2014.
EN Official Journal of the European Union C 16/33

Judgment of the General Court of 25 November 2015 — bd breyton-design v OHIM (RACE GTP)

(Case T-520/14) (1)

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

(2016/C 016/41)

Language of the case: German

Parties

Applicant: bd breyton-design GmbH (Stockach, Germany) (represented by: T Raab and H. Lauf, 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 First Board of Appeal of OHIM of 27 March 2014 (Case R 1230/2013-1) concerning an application for registration of the word sign RACE GTP as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders bd breyton-design GmbH to pay the costs.

(1) OJ C 303, 8.9.2014.
EN Official Journal of the European Union C 48/48

Judgment of the General Court of 16 December 2015 — Sweden v Commission

(Case T-521/14) (1)

((Regulation (EU) No 528/2012 - Biocidal products - Action for failure to act - Specification of the scientific criteria for the determination of endocrine-disrupting properties - Failure by the Commission to adopt delegated acts - Duty to act))

(2016/C 048/54)

Language of the case: Swedish

Parties

Applicant: Kingdom of Sweden (represented by: A. Falk, K. Sparrman and L. Swedenborg, acting as Agents)

Defendant: European Commission (represented by: D. Kukovec, acting as Agent, and M. Johansson, lawyer)

Interveners in support of the form of order sought by the applicant: Kingdom of Denmark (represented by: C. Thorning and N. Lyshøj, acting as Agents); French Republic (represented by: D. Colas and S. Ghiandoni, acting as Agents); Kingdom of the Netherlands (represented initially by: M. Bulterman and M. Noort, and subsequently by: M. Bulterman and C. Schillemans, acting as Agents); Republic of Finland (represented by: H. Leppo, acting as Agent); European Parliament (represented by: A. Neergaard and P. Schonard, acting as Agents) and Council of the European Union (represented by: M. Moore and A. Norberg, acting as Agents)

Re:

Application for a declaration that the Commission unlawfully failed to adopt delegated acts concerning the scientific criteria for the determination of endocrine-disrupting properties.

Operative part of the judgment

The Court:

1. Declares that the European Commission, by failing to adopt delegated acts to specify scientific criteria for the determination of endocrine-disrupting properties, has failed to fulfil its obligations under the first subparagraph of Article 5(3) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products;

2. Orders the Commission to bear its own costs and to pay the costs incurred by the Kingdom of Sweden;

3. Orders the Kingdom of Denmark, the French Republic, the Kingdom of the Netherlands, the Republic of Finland, the European Parliament and the Council of the European Union to bear their own costs.

(1) OJ C 431, 1.12.2014.
EN Official Journal of the European Union C 27/50

Judgment of the General Court of 3 December 2015 — Hewlett Packard Development Company v OHIM (FORTIFY)

(Case T-628/14) (1)

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

(2016/C 027/63)

Language of the case: English

Parties

Applicant: Hewlett Packard Development Company LP (Dallas, Texas, United States) (represented by: T. Raab and H. Lauf, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 June 2014 (Case R 249/2014-2), concerning an application for registration of the word sign FORTIFY as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hewlett Packard Development Company LP to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 98/33

Judgment of the General Court of 28 January 2016 — Bristol Global v OHIM — Bridgestone (AEROSTONE)

(Case T-194/14) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark AEROSTONE - Earlier Community word marks STONE and BRIDGESTONE - Earlier non-registered national figurative mark BRIDGESTONE - Relative ground for refusal - Partial refusal of registration))

(2016/C 098/43)

Language of the case: English

Parties

Applicant: Bristol Global Co. Ltd (Birmingham, United Kingdom) (represented by: F. Bozhinova, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bridgestone Corp. (Tokyo, Japan) (represented initially by M. Blair, Solicitor, and subsequently by S. Malynicz, Barrister, and C. Balme and K. Gilbert, Solicitors)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 12 December 2013 (Case R 916/2013-2), relating to opposition proceedings between Bridgestone Corp. and Bristol Global Co. Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bristol Global Co. Ltd 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 by Bridgestone Corp.

(1) OJ C 151, 19.5.2014.
EN Official Journal of the European Union C 98/36

Judgment of the General Court of 28 January 2016 — Davó Lledó v OHIM — Administradora y Franquicias América and Inversiones Ged (DoggiS)

(Case T-335/14) (1)

((Community trade mark - Invalidity proceedings - Community figurative mark DoggiS - Prior national figurative marks DoggiS - Prior national word marks DOGGIS and DOGGIBOX - Prior national figurative marks representing a person in the shape of a hot-dog - Additional evidence adduced for the first time before the Board of Appeal - Article 76 of Regulation (EC) No 207/2009 - Bad faith - Article 52(1)(b) of Regulation No 207/2009 - Evidence adduced for the first time before the General Court))

(2016/C 098/47)

Language of the case: Spanish

Parties

Applicant: José-Manuel Davó Lledó (Cartagena, Spain) (represented by: J.-V. Gil Martí, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Administradora y Franquicias América, SA (Santiago, Chile) and Inversiones Ged Ltda (Santiago)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 13 March 2014 (Case R 1824/2013-1) concerning invalidity proceedings between, on the one hand, Administradora y Franquicias América, SA and Inversiones Ged Ltda and, on the other, Mr José-Manuel Davó Lledó

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr José-Manuel Davó Lledó to pay the costs.

(1) OJ C 253, 4.8.2014.
EN Official Journal of the European Union C 118/25

Judgment of the General Court of 25 February 2016 — FCC Aqualia v OHIM — Sociedad General de Aguas de Barcelona (AQUALOGY)

(Case T-402/14) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark AQUALOGY - Earlier Community word mark AQUALIA and earlier national figurative mark aqualia - Relative grounds for refusal - Article 8(1)(b) and Article 8(5) of Regulation No 207/2009))

(2016/C 118/27)

Language of the case: Spanish

Parties

Applicant: FCC Aqualia, SA (Madrid, Spain) (represented by: J. de Oliveira Vaz Miranda de Sousa, N. González-Alberto Rodríguez and C. Sueiras Villalobos, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Sociedad General de Aguas de Barcelona, SA (Barcelona, Spain) (represented by: J. Grau Mora, C. Viola Zendrera and A. Torrente Tomás, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 13 March 2014 (Case R 1209/2013-1), relating to opposition proceedings between Sociedad General de Aguas de Barcelona, SA and FCC Aqualia, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders FCC Aqualia to pay the costs.

(1) OJ C 261, 11.8.2014.
EN Official Journal of the European Union C 111/20

Judgment of the General Court of 18 February 2016 — Calberson GE v Commission

(Case T-164/14) (1)

((Arbitration clause - Programme to supply agricultural products to Russia - Supply of beef - Non-performance of the contract by the intervention agency - Applicable law - Limitation - Late release of certain supply securities - Partial payment of a transport invoice - Underpayment in foreign currency of certain invoices - Default interest))

(2016/C 111/24)

Language of the case: French

Parties

Applicant: Calberson GE (Villeneuve-Garenne, France) (represented by: T. Gallois and E. Dereviankine, lawyers)

Defendant: European Commission (represented by: D. Bianchi and I. Galindo Martín, acting as Agents)

Intervener in support of the defendant: French Republic (represented by: D. Colas and C. Candat, acting as Agents)

Re:

Application under Article 272 TFEU for an order requiring the Commission to compensate the applicant for the loss which it claims to have suffered following acts of misconduct allegedly committed by the intervention agency in the performance of a contract relating to the transport of beef to Russia in accordance with Commission Regulation (EC) No 111/1999 of 18 January 1999 laying down general rules for the application of Council Regulation (EC) No 2802/98 on a programme to supply agricultural products to the Russian Federation (OJ 1999 L 14, p. 3), and Commission Regulation (EC) No 1799/1999 of 16 August 1999 on the supply of beef to Russia (OJ 1999 L 217, p. 20).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Calberson GE to pay the costs;

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

(1) OJ C 184, 16.6.2014.
EN Official Journal of the European Union C 191/25

Judgment of the General Court of 8 April 2016 Frinsa del Noroeste v EUIPO — Frisa Frigorífico Rio Doce (FRISA)

(Case T-638/14) (1)

((European Union trade mark - Opposition procedure - Application for the European Union figurative mark FRISA - Earlier European Union figurative mark Frinsa - Relative ground for refusal - Genuine use of the earlier trademark - Submission of new facts and evidence in support of an appeal brought before the General Court - Power to alter decisions - Article 42(2) and (3), Article 65 and final part of Article 76(1) of Regulation (EC) No 207/2009 - Rule 22, paragraphs 2 to 4, of Regulation (EC) No 2868/95))

(2016/C 191/32)

Language of the case: Spanish

Parties

Applicant: Frinsa del Noroeste, SA (Santa Eugenia de Ribeira, Spain) (represented by: J. Botella Reyna, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Frisa Frigorífico Rio Doce, SA (Espírito Santo, Brazil)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 1 July 2014 (Joined Cases R 1547/2013-4 and R 1851/2013-4), relating to opposition proceedings between Frinsa del Noroeste, SA and Frisa Frigorífico Rio Doce, SA.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 July 2014 (Joined Cases R 1547/2013-4 and R 1851/2013-4);

2. Orders each party to bear its own costs.

(1) OJ C 380, 27.10.2014.
EN Official Journal of the European Union C 156/34

Judgment of the General Court of 16 March 2016 — Frucona Košice v Commission

(Case T-103/14) (1)

((State aid - Excise duties - Partial remission of a tax debt in the context of an arrangement - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Rights of the defence - Procedural rights of the interested parties - Private creditor test - Burden of proof))

(2016/C 156/44)

Language of the case: English

Parties

Applicant: Frucona Košice a.s. (Košice, Slovakia) (represented by: K. Lasok QC, B. Hartnett, Barrister, O. Geiss, lawyer, and J. Holmes, Barrister)

Defendant: European Commission (represented by: L. Armati, P.-J. Loewenthal and K. Walkerová, acting as Agents)

Re:

Application for annulment of Commission Decision 2014/342/EU of 16 October 2013 on State aid No SA.18211 (C 25/2005) (ex NN 21/2005) granted by the Slovak Republic for Frucona Košice a.s. (OJ 2014 L 176, p. 38).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2014/342/EU of 16 October 2013 on State aid No SA.18211 (C 25/2005) (ex NN 21/2005) granted by the Slovak Republic for Frucona Košice a.s.;

2. Orders the Commission to bear, in addition to its own costs, the costs incurred by Frucona Košice, including those incurred in connection with the proceedings for interim measures.

(1) OJ C 112, 14.4.2014.
EN Official Journal of the European Union C 232/12

Judgment of the General Court of 12 May 2016 — Trioplast Industrier v Commission

(Case T-669/14) (1)

((Competition - Agreements, decisions and concerted practices - Market in industrial plastic bags - Action for annulment - Challengeable act - Admissibility - Action for damages - Default interest - Concept of a debt which is certain, of a fixed amount and due - Proportionality - Legal certainty - Principle that penalties must be specific to the individual and to the offence - Lack of legal basis - Article 266 TFEU - Causal link))

(2016/C 232/15)

Language of the case: English

Parties

Applicant: Trioplast Industrier AB (Smålandsstenar, Sweden) (represented by: T. Pettersson and A. Johansson, lawyers)

Defendant: European Commission (represented by: V. Bottka, L. Parpala and P. Rossi, acting as Agents)

Re:

Application, first, for annulment of the decision allegedly contained in the letter of the Commission of 3 July 2014 in case COMP/38.354 (Industrial bags — Trioplast Industrier AB) and, secondly, for damages under the second paragraph of Article 340 TFEU.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Trioplast Industrier AB to pay the costs.

(1) OJ C 409, 17.11.2014.