ddrg/super_eurlex huggingface dataset:
Judgment of the General Court (Tenth Chamber) of 19 October 2022 –

Louis Vuitton Malletier v EUIPO – Wisniewski (Representation of a chequerboard pattern II)

(Case T‑275/21) ( )

(EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute ground for invalidity – No distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) – Overall assessment of the evidence of distinctive character acquired through use – Geographical scope of the evidence of distinctive character acquired through use – Evidence of use of the mark on the internet – Evidence regarding infringement proceedings)

1. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Criteria for assessment

(Council Regulation No 40/94, Arts 7(1)(b), and (3), and 51(1))

(see paragraphs 19, 22, 23)

2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Burden of proof

(Council Regulation No 40/94, Arts 7(1)(b), and (3), and 51(1))

(see paragraphs 20, 21)

3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Scope – Trade mark devoid of distinctive character throughout the EU – Acquisition by use also throughout the EU

(Council Regulation No 40/94, Arts 7(1)(b), and (3), and 51(2))

(see paragraphs 24, 25)

4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Probative value of the evidence

(Council Regulation No 40/94, Arts 7(1)(b), and (3), and 51(2))

(see paragraphs 26-28)

5. Judicial proceedings – Proof – Probative value – Criteria for assessment – Principles of the unfettered adduction of evidence and the unfettered evaluation of evidence

(Charter of Fundamental Rights of the European Union, Arts 41 and 47; Rules of Procedure of the General Court, Art. 85)

(see paragraphs 29-31)

6. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Figurative mark representing a chequerboard pattern

(Council Regulation No 40/94, Arts 7(1)(b), and (3), and 51(1))

(see paragraphs 50, 61, 71, 77, 85-97, 109, 113, 117-120, 128, 140)

Operative part

The Court:

1. Dismisses the action;
Judgment of the General Court (Tenth Chamber) of 5 October 2022 –

Philip Morris Products v EUIPO (Representation of angular lines in black and white)

(Case T‑501/21) ( 1 )

(EU trade mark – Application for EU figurative mark representing angular lines in black and white – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001)

1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Definition – Criteria for assessment (European Parliament and Council Regulation 1001/2017, Art. 7(1)(b)) (see paragraph 14)

2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Sign composed of a basic geometric figure (European Parliament and Council Regulation 1001/2017, Art. 7(1)(b)) (see paragraphs 17, 18)

3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Figurative mark representing angular lines in black and white (European Parliament and Council Regulation 1001/2017, Art. 7(1)(b)) (see paragraphs 19-22, 25)

4. EU trade mark – Mark not fulfilling its fundamental function – No general interest in conferring thereon the protection referred to by Regulation 2017/1001 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 27)

5. EU trade mark – Procedural provisions – Statement of reasons for decisions – Scope (Art. 296 TFEU, second para.; Regulation of the European Parliament and of the Council 2017/1001, Art. 94(1), first sentence) (see paragraph 33)

Operative part

The Court:

1. Dismisses the action;

2. Orders Philip Morris Products SA to pay the costs.

( 1 ) OJ C 391, 27.9.2021.
4.

EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Examination of the grounds for refusal having regard to each of the goods or services covered by the application for registration (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see paragraph 24)
2.

EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 18, 19)
4.

EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Registration contrary to Article 7 of Regulation 2017/1001 – Relevant date for the examination of an absolute ground for invalidity – Date of filing of the application for registration (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 24, 25)
5.

EU trade mark – Procedural provisions – Statement of reasons for decisions – Scope (Art. 296 TFEU, second para.; Regulation of the European Parliament and of the Council 2017/1001, Art. 94(1), first sentence) (see paragraph 33)
2.

EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 22)
2.

EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 16, 17)
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Overlap of the scope of the grounds set out in Article 7(1)(b) and Article 7(1)(c) of Regulation 2017/1001

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c))

(see paragraphs 41, 43)
Community designs – Surrender and invalidity – Application for a declaration of invalidity – Examination of the application – EUIPO’s competence to examine all the requirements laid down in Articles 4 to 9 of Regulation No 6/2002 – Scope

(Council Regulation No 6/2002, Arts 4 to 9, 25(1)(b), and 63(1), 2nd sentence)

(see paragraphs 29, 30)
1.

Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 October 2021 (Case R 581/2021-4) in so far as it annulled in part the decision of the Cancellation Division of 29 January 2021;
Officials – Members of the temporary staff – Recruitment – Non-renewal of a fixed-term contract – Right of the person concerned to be heard – Scope

(Charter of Fundamental Rights of the European Union, Art. 41(2))

(see paragraphs 23, 24)
Community designs – Grounds for invalidity – Designs dictated by their technical function – Features of appearance of a product which are dictated solely by its technical function – Criteria for assessment – Taking into account the relevant objective circumstances

(Council Regulation No 6/2002, recital 10 and Arts 8(1) and 25(1)(b))

(see paragraphs 16, 48)
2.

EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 20)
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Examination of the grounds for refusal having regard to each of the products or services covered by the application for registration – Obligation to state the reasons for refusing to register – Scope

(European Parliament and Council Regulation 2017/1001, Arts 7(1) and 94(1), first sentence)

(see paragraphs 53, 92)
3.

EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Use of the mark in a form differing in elements which do not alter the distinctive character of the mark – Subject matter and scope of Article 18(1)(a) of Regulation 2017/1001 – Examination of alteration of distinctive character (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraphs 15, 16, 19-23)
3.

EU trade mark – Appeals procedure – Appeal brought against a decision of a unit of EUIPO ruling at first instance and referred to the Board of Appeal – Functional continuity between those two bodies – Examination of the appeal by the Board of Appeal – Scope (European Parliament and Council Regulation 2017/1001, Art. 71(1)) (see paragraph 20)
1.

EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU – Recourse by the Board of Appeal to implicit reasoning – Whether permissible – Conditions (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraphs 16, 17)
6.

EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Earlier registration of the mark in certain Member States or third countries – Decisions not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see paragraph 71)
3.

EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Trade mark made up of several elements – Possible for the competent authority to examine each of the elements making up the trade mark – Need to take account of the overall perception of the combination by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 18)
EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration – Obligation to state the reasons for refusing to register – Scope

(Council Regulation No 207/2009, Arts 7(1) and 75, first sentence)

(see paragraphs 33-38)
3.

EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Assessment of the descriptive nature of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 17)
2.

EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 19)
1.

EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 11)
7.

EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Use of the mark in a form differing in elements which do not alter the distinctive character of the mark – Subject matter and scope of Article 18(1)(a) of Regulation 2017/1001 – Examination of alteration of distinctive character (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)) (see paragraphs 51, 94-96)
Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Summary of the pleas in law on which the application is based – Application not sufficiently clear and precise – Inadmissibility

(Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Arts 76(d) and 177(1)(d) and (e))

(see paragraphs 18, 19)
5.

EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Reputation of the mark in the Member State or the EU – Use of a trade mark as part of another registered trade mark with a reputation (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 71, 72, 83)
EU trade mark – Appeals procedure – Action before the EU judicature – Limitation of the list of products and services after the decision of the Board of Appeal – Consequences

(Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 49(1))

(see paragraphs 10, 11, 13)
3.

EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Lack of distinctiveness – Trade mark made up of several elements – Possible for the competent authority to examine each of the elements making up the trade mark – Need to take account of the overall perception of the combination by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 38, 40)
2.

EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Similarity of the marks concerned – Criteria for assessment – Composite mark – Determination of the dominant element or elements (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 23, 31, 33, 39)
2.

EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Similarity of the marks concerned – Criteria for assessment – Composite mark – Assessment of the distinctive character of an element of which a trade mark is composed (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 26, 27, 34, 35, 37)
6.

EU institutions – Exercise of powers – Delegation – Conditions – European Investment Bank – Recruitment – Trial period – Decision to dismiss at the end of the trial period – Decision not issued by the authorised authority or by an authority having been delegated that power – Lack of competence of the author of the decision to dismiss – Annulment (see paragraphs 65, 73, 75, 76)
Judicial proceedings – Application initiating proceedings – Formal requirements – Summary of the pleas in law on which the application is based – Summary which is succinct, but sufficiently precise and intelligible – Admissibility

(Rules of Procedure of the General Court, Art. 76(d))

(see paragraphs 37-40)
Judicial proceedings – Action for annulment or for damages brought by a natural or legal person against a Member State – General Court clearly lacking jurisdiction – Inadmissibility

(Arts 256, 263, 268 and 340, third and fourth paras, TFEU)

(see paragraphs 49, 57)
Action for annulment – Actionable measures – Definition – Decision refusing an initial request for access to documents of an institution – Not included

(Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001, Arts 7 and 8)

(see paragraphs 12-15)
Officials – Staff of the European Investment Bank – Reports procedure – Appraisal report – Appraisal less favourable than the previous appraisal – Obligation to state reasons – Scope

(Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); Staff Regulations of the European Investment Bank, Art. 22)

(see paragraphs 78-80, 84-86)
Officials – Reports procedure – Appraisal report – Obligation to state reasons – Scope – No obligation to substantiate, by means of factual elements, the comments in an appraisal report – Cases requiring specific reasons to be stated

(Staff Regulations of Officials, Art. 43; Conditions of Employment of Other Servants, Art. 15(2))

(see paragraphs 22-27, 30-32)
Officials – Members of the temporary staff – Recruitment – Renewal of a fixed-term contract – Administration’s discretion – Duty of the administration to have regard for the welfare of officials – Taking into consideration of the interests of the staff member concerned and those of the service – Judicial review – Limits – Manifest error of assessment – Concept

(Conditions of Employment of Other Servants, Arts 2, 3a and 8)

(see paragraphs 37, 60-62)
6.

EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Trade mark made up of several elements – Possible for the competent authority to examine each of the elements making up the trade mark – Need to take account of the overall perception of the combination by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 31)
6.

EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Taking unfair advantage of the distinctive character or repute of the earlier mark – Detriment to the distinctive character or repute of the earlier mark – Relevant public (Council Regulation No 207/2009, Art. 8(5)) (see paragraphs 36, 37)
3.

Officials – Psychological harassment – Concept – Difficult or even conflicting relationships that the person concerned has with his or her colleagues or superiors – Not included – Negative observations made to an official – Not included – Conditions (Staff Regulations of Officials, Art. 12a) (see paragraphs 121, 122, 128)
Agriculture – EAFRD financing – Clearance of accounts – Consecutive conformity clearance procedures – Implementation by the Commission of those procedures without waiting for the outcome of any judicial proceedings – No infringement of the scheme of the procedure

(Arts 256 and 263 TFEU; Commission Regulation No 908/2014, Art. 34(2) and (7))

(see paragraphs 47-49)
5.

Common foreign and security policy – Restrictive measures against Libya – Regulation 2016/44 – Freezing of funds and economic resources – Criteria for adopting restrictive measures – Association with the former regime of Mouammar Qadhafi – Threat to the peace, stability or security of Libya, or to the successful completion of the Libyan political transition – Council’s obligation to carry out an updated assessment in the course of the review of the restrictive measures – Evidence to the contrary – Change in the specific situation of the entity covered by the restrictive measures – Error of assessment (Council Decision (CFSP) 2015/1333, as amended by Decisions (CFSP) 2020/1137 and (CFSP) 2021/1251, Annex IV; Council Regulations 2016/44, Annex III, 2020/1130 and 2021/1241) (see paragraphs 84-86, 88, 89, 91, 94-98)
1.

Own resources of the European Union – Regulation on protection of the financial interests of the Union – Administrative penalties – Conditions under which applicable – Not possible to impose such penalties purely on the basis of Articles 5 and 7 of that regulation (Council Regulation No 2988/95, Arts 5 and 7) (see paragraphs 53-58, 65-71)
Officials – Decision affecting the administrative status of an official – Taking into account of factual matters not included in his or her personal file but previously brought to the knowledge of the person concerned – Legality – Conditions

(Staff Regulations of Officials, Art. 26; Conditions of Employment of Other Servants, Art. 11)

(see paragraphs 170, 172, 173, 177)
6.

State aid – Recovery of unlawful and incompatible aid – Ten-year limitation period laid down in Article 17 of Regulation 2015/1589 – Point from which the limitation period starts to run – Date on which aid granted to the beneficiary – Interruption of the limitation period by a request for information sent by the Commission to the Member State concerned – No need to inform the beneficiary of the aid of an interrupting action (Art. 108(2) TFEU; Council Regulation 2015/1589, Art. 17(2)) (see paragraphs 82-91)
Judgment of the General Court (Seventh Chamber) of 19 October 2022 –

MV v Commission

(Case T‑624/20) ( )

(Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/364/19 (AD 7) – Decision of the Selection Board to exclude the applicant from the next stage of the competition – Competition eligibility requirements – Insufficient professional experience – Obligation to state reasons – Manifest error of assessment – Rules on languages – Equal treatment)

1. Actions brought by officials – Interest in bringing proceedings – Candidate eliminated from a competition seeking annulment of all the operations in the competition – Admissible only in relation to the applicant’s exclusion

(Staff Regulations of Officials, Art. 91)

(see paragraphs 27-31)

2. Officials – Competitions – Selection board – Rejection of application – Obligation to state reasons – Scope – Obligation to communicate the admission criteria for applications

(Staff Regulations of Officials, Art. 25, second para.)

(see paragraph 50)

3. Officials – Recruitment – Competitions – Competition based on qualifications and tests – Assessment of the aptitudes of candidates – Selection method – Selection board's discretion – Limits

(Staff Regulations of Officials, Annex III, Arts 1, 2 and 4)

(see paragraphs 90, 92, 94)

4. Officials – Competitions – Competition based on qualifications and tests – Conditions for admission – Fixing by the competition notice – Assessment by the selection board of candidates’ professional experience – Consideration of only the information provided by the applicant in his application form

(see paragraphs 105-107)

Operative part

The Court:

1. Dismisses the action;

2. Orders MV to bear his own costs and to pay those incurred by the European Commission;
EU institutions – Right of public access to documents – Decision 2004/258 of the European Central Bank (ECB) – Exceptions to the right of access to documents – Exception relating to the protection of the confidentiality of information that is protected as such under EU law – Requirement that the institution should examine the documents specifically and individually – Scope – No possibility to base reasoning on general presumptions applying to certain categories of documents

(Decision of the European Central Bank 2004/258, as amended by Decisions 2011/342 and 2015/529, Art. 4(1)(c))

(see paragraphs 46-48)