ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 282/29

Judgment of the General Court of 9 July 2014 — Al-Tabbaa v Council

(Cases T-329/12 and T-74/13) (1)

((Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds and economic resources - Restrictions on the entry into and transit through the European Union - Rights of defence - Right to an effective judicial remedy - Obligation to state reasons - Error of assessment))

2014/C 282/38

Language of the case: English

Parties

Applicant: Mazen Al-Tabbaa (Beirut, Lebanon) (represented by: M. Lester, Barrister and G. Martin, Solicitor)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou and V. Piessevaux, acting as Agents)

Re:

Action for annulment of Council acts containing restrictive measures concerning the applicant, namely, initially, Council Implementing Decision 2012/256/CFSP of 14 May 2012 implementing Council Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ 2012 L 126, p. 9) and Council Implementing Regulation (EU) No 410/2012 of 14 May 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2012 L 126, p. 3).

Operative part of the judgment

The Court:

1) Annuls Council Implementing Decision 2012/256/CFSP of 14 May 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) No 410/2012 of 14 May 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Mr Mazen Al-Tabbaa.

2) Annuls Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782 and Council Implementing Regulation (EU) No 1117/2012 of 29 November 2012 implementing Article 32(1) of Regulation No 36/2012, in so far as they concern Mr Al-Tabbaa.

3) Annuls Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation No 36/2012 and Council Implementing Decision 2013/185/CFSP of 22 April 2013 implementing Decision 2012/739, in so far as they concern Mr Al-Tabbaa.

4) Annuls Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria, in so far as it concerns Mr Al-Tabbaa.

5) Orders the effects of Decision 2013/255 to be maintained as regards Mr Al-Tabbaa until the annulment in part of Implementing Regulation No 363/2013 implementing Regulation No 36/2012 takes effect.

6) Declares that there is no need to adjudicate on the action in Case T-74/13.

7) Orders the Council of the European Union to pay, in addition to its own costs, those incurred by the applicant in Case T-329/12 and three-quarters of the costs incurred by him in Case T-74/13.

8) Orders the applicant to pay one quarter of his costs in Case T-74/13.

(1) OJ C 273, 8.9.2012.
Official Journal of the European Union

Judgment of the General Court of 2 October 2014 — Spraylat v ECHA

(Case T-177/12) (1)

((REACH - Fee for registration of a substance - Reduction granted to micro-, small and medium-sized enterprises - Error in declaration relating to the size of the enterprise - Decision imposing an administrative charge - Proportionality))

(2014/C 395/44)

Language of the case: German

Parties

Applicant: Spraylat GmbH (Aachen, Germany) (represented by: K. Fischer, lawyer)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, A. Iber and C. Schultheiss, Agents, and M. Kuschewsky, lawyer)

Intervener in support of the defendant: European Commission (represented initially by: D. Düsterhaus and E. Manhaeve, and subsequently by B. Eggers and M. Manhaeve, Agents)

Re:

Action for annulment of invoice No 10030371 issued by the ECHA on 21 February 2012 setting the amount of the administrative charge imposed on the applicant and a precautionary application to annul Decision SME (2012) 1445 of the ECHA of 15 February 2012 which states that the applicant does not fulfil the conditions to receive a reduction of the fee for small enterprises and imposing an administrative charge on it.

Operative part of the judgment

The Court:

1. Annuls Decision SME (2012) 1445 of the European Chemicals Agency (ECHA) of 15 February 2012 and invoice No 10030371 issued by the ECHA on 21 February 2012;

2. Orders the ECHA to bear its own costs and to pay those incurred by Spraylat GmbH;

3. Orders the European Commission to bear its own costs.

(1) OJ C 174, 16.6.2012.
EN Official Journal of the European Union C 388/12

Judgment of the General Court of 24 September 2014 — Sanofi v OHIM — GP Pharm (GEPRAL)

(Case T-493/12) (1)

((Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark GEPRAL - Earlier international word mark DELPRAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 388/14

Language of the case: English

Parties

Applicant: Sanofi SA (Paris, France) (represented by: C. Hertz-Eichenrode, 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: GP Pharm SA (Sant Quinti de Mediona, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 September 2012 (Case R 201/2012-2), concerning opposition proceedings between Sanofi SA and GP Pharm SA.

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 5 September 2012 (Case R 201/2012-2), concerning opposition proceedings between Sanofi SA and GP Pharm SA;

2. Orders OHIM to pay the costs.

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 421/33

Judgment of the General Court of 15 October 2014 — El Corte Inglés v OHIM

(Case T-515/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark The English Cut - Earlier national word and Community figurative marks El Corte Inglés - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - No likelihood of association - Connection between the signs - No similarity between the signs - Article 8(5) of Regulation No 207/2009))

2014/C 421/45

Language of the case: Spanish

Parties

Applicant: El Corte Inglés (Madrid, Spain) (represented by: E. Seijo Veiguela, J.L Rivas Zurdo and I. Munilla Muñoz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: The English Cut SL (Málaga, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 September 2012 (Case R 1673/2011-1) relating to opposition proceedings between El Corte Inglés SA and The English Cut S.L.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders El Corte Inglés SA to pay the costs.

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 89/17

Judgment of the General Court of 28 January 2015 — Evonik Degussa GmbH v Commission

(Case T-341/12) (1)

((Competition - Administrative procedure - European hydrogen peroxide and perborate market - Publication of a decision finding an infringement of Article 81 EC - Rejection of a request for confidential treatment of information given to the Commission pursuant to the latter’s Leniency Notice - Obligation to state reasons - Confidentiality - Professional secrecy - Legitimate expectations))

(2015/C 089/17)

Language of the case: German

Parties

Applicant: Evonik Degussa GmbH (Essen, Germany) (represented by: C. Steinle, M. Holm-Hadulla and C. von Köckritz, avocats)

Defendant: European Commission (represented by: C. Giolito, M. Kellerbauer and G. Meessen, Agents)

Re:

Annulment of Commission Decision C(2012) 3534 final of 24 May 2012 refusing Evonik Degussa’s request for confidential treatment under Article 8 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (Case COMP/F/38.620 — Hydrogen Peroxide and Perborate).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evonik Degussa GmbH to pay the costs, including those incurred in the proceedings for interim relief.

(1) OJ C 311, 13.10.2012.
EN Official Journal of the European Union C 46/45

Judgment of the General Court of 11 December 2014 — Coca-Cola v OHIM — Mitico (Master)

(Case T-480/12) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark Master - Earlier Community figurative marks Coca-Cola and earlier national figurative mark C - Relative ground for refusal - Article 8(5) of Regulation (EC) No 207/2009 - Similarity of the signs - Evidence relating to the commercial use of the mark applied for))

(2015/C 046/55)

Language of the case: English

Parties

Applicant: The Coca-Cola Company (Atlanta, Georgia, United States) (represented by: S. Malynicz, Barrister, D. Stone and L. Ritchie, Solicitors, and S. Baran, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Modern Industrial & Trading Investment Co. Ltd (Mitico) (Damascus, Syria) (represented by: A.-I. Malami, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 August 2012 (Case R 2156/2011-2) concerning opposition proceedings between The Coca-Cola Company and Modern Industrial & Trading Investment Co. Ltd (Mitico).

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 29 August 2012 (Case R 2156/2011-2);

2) Orders OHIM to bear its own costs and to pay those incurred by The Coca-Cola Company;

3) Orders Modern Industrial & Trading Investment Co. Ltd (Mitico) to bear its own costs.

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 190/10

Judgment of the General Court of 22 April 2015 — Tomana and Others v Council and Commission

(Case T-190/12) (1)

((Common foreign and security policy - Restrictive measures imposed on certain persons and entities in view of the situation in Zimbabwe - Restrictions on entry into and transit through the European Union - Freezing of funds - Legal basis - Manifest error of assessment - Obligation to state reasons - Rights of the defence - Fundamental rights - Proportionality))

(2015/C 190/11)

Language of the case: English

Parties

Applicants: Johannes Tomana (Harare, Zimbabwe) and the 120 other applicants named in the annex to the judgment (represented by: initially by D. Vaughan QC, M. Lester and R. Lööf, Barristers, and by M. O’Kane, Solicitor, and subsequently by D. Vaughan, M. Lester and M. Lööf)

Defendants: Council of the European Union (represented by: B. Driessen, M. Veiga and A. Vitro, Agents); European Commission (represented by M. Konstantinidis, T. Scharf and E. Georgieva, Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson, C. Murrell and M. Holt, Agents, and by S. Lee, Barrister)

Re:

Application for annulment of Council Decision 2012/97/CFSP of 17 February 2012 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (OJ 2012 L 47, p. 50), Commission Implementing Regulation (EU) No 151/2012 of 21 February 2012 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures against Zimbabwe (OJ 2012 L 49, p. 2), and Council Implementing Decision 2012/124/CFSP of 27 February 2012 implementing Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (OJ 2012 L 54, p. 20), in so far as those acts concern the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Johannes Tomana and the 120 other applicants listed in the annex hereto to bear their own costs and to pay the costs incurred by the Council of the European Union and the European Commission;

3. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

(1) OJ C 194, 30.6.2012.
EN Official Journal of the European Union C 302/42

Judgment of the General Court of 15 July 2015 — Knauf Insulation Technology v OHIM — Saint Gobain Cristalería (ECOSE TECHNOLOGY)

(Case T-324/12) (1)

((Community trade mark - Opposition proceedings - International registration designating the European Community - Figurative mark ECOSE TECHNOLOGY - Earlier national word mark ECOSEC FACHADAS - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 302/53)

Language of the case: English

Parties

Applicant: Knauf Insulation Technology (Visé, Belgium) (represented by: K. Manhaeve, 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, intervening before the General Court: Saint Gobain Cristalería, SL (Madrid, Spain) (represented by M. Montañá, S Sebé and I. Carulla, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 4 May 2012 (Cases R 1193/2011-5 and R 1426/2011-5) relating to opposition proceedings between Saint Gobain Cristalería, SL and Knauf Insulation.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 May 2012 (Cases R 1193/2011-5 and R 1426/2011-5) in so far as the Board of Appeal dismissed the action brought by Knauf Insulation Technology and annulled the decision of the Opposition Division;

2. Orders OHIM to bear its own costs and to pay half of the costs incurred by Knauf Insulation Technology;

3. Orders Saint Gobain Cristalería, SL to bear its own costs and to pay half of the costs incurred by Knauf Insulation Technology.

(1) OJ C 295, 29.9.2012.
EN Official Journal of the European Union C 213/28

Judgment of the General Court of 13 May 2015 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC Kindii)

(Case T-364/12) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark CLEANIC Kindii - Earlier Community word marks CLINIQUE - Relative grounds for refusal - Likelihood of confusion - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier marks - Article 8(5) of Regulation No 207/2009))

(2015/C 213/48)

Language of the case: Polish

Parties

Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: initially R. Rumpel, and subsequently D. Rzążewska and G. Pietras, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Clinique Laboratories, LLC (Wilmington, Delaware, United States) (represented by: initially V. von Bomhard and A. Renck, lawyers, and K. Hughes, Solicitor, and subsequently K. Hughes)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 May 2012 (Case R 1135/2011-1), relating to opposition proceedings between Clinique Laboratories, LLC and Harper Hygienics S.A.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Harper Hygienics S.A. 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 Clinique Laboratories, LLC.

(1) OJ C 355, 17.11.2012.
EN Official Journal of the European Union C 7/15

Judgment of the General Court of 18 November 2015 — Mecafer v Commission

(Case T-74/12) (1)

((Dumping - Imports of certain compressors originating in China - Partial refusal to refund the anti-dumping duties paid - Determination of the export price - Deduction of anti-dumping duties - Adjustment of the temporal effects of an annulment))

(2016/C 007/20)

Language of the case: English

Parties

Applicant: Mecafer (Valence, France) (represented by: R. MacLean, Solicitor, and A. Bochon, lawyer)

Defendant: European Commission (represented by: A. Stobiecka-Kuik, K. Talabér-Ritz and T. Maxian Rusche, acting as Agents)

Re:

Action for the partial annulment of Commission Decision C(2011) 8804 final of 6 December 2011 concerning applications for a refund of anti-dumping duties paid on imports of certain compressors originating in the People’s Republic of China, and, in the event that the General Court should annul that decision, for the maintenance in force of the effects of that decision until the Commission has adopted the measures necessary to comply with the judgment of the General Court in this case.

Operative part of the judgment

The Court:

1. Annuls Article 1 of Commission Decision C(2011) 8804 final of 6 December 2011 concerning applications for a refund of anti-dumping duties paid on imports of certain compressors originating in the People’s Republic of China in so far as that article does not grant Mecafer SA a refund of the anti-dumping duties unduly paid beyond the amounts referred to therein;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to pay the costs.

(1) OJ C 118, 21.4.2012.
EN Official Journal of the European Union C 363/26

Judgment of the General Court of 15 September 2015 — Hungary v Commission

(Case T-346/12) (1)

((Agriculture - Common organisation of the markets - Fruit and vegetable sector - National financial assistance granted to producer organisations - Commission implementing decision concerning the reimbursement by the European Union of national financial assistance granted by Hungary to its producer organisations - Article 103e of Regulation (EC) No 1234/2007 - Article 97 of Regulation (EC) No 1580/2007))

(2015/C 363/33)

Language of the case: Hungarian

Parties

Applicant: Hungary (represented by: initially M. Fehér and K. Szíjjártó, then M. Fehér, acting as Agents)

Defendant: European Commission (represented by: B. Béres, N. Donnelly and B. Schima, acting as Agents)

Re:

Annulment of Commission Implementing Decision C (2012) 3324 final of 25 May 2012 on national financial assistance granted to producer organisations

Operative part of the judgment

The Court:

1) Dismisses the action;

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

(1) OJ C 311, 13.10.2012.
EN Official Journal of the European Union C 462/14

Judgment of the General Court of 27 October 2016 — El Corte Inglés v EUIPO — English Cut (The English Cut)

(Case T-515/12) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark The English Cut - Earlier EU figurative and national word marks El Corte Inglés - Relative ground for refusal - Article 8(5) of Regulation (EC) No 207/2009 - Reputation))

(2016/C 462/15)

Language of the case: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J. L. Rivas Zurdo, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: The English Cut, SL (Malaga, Spain)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 6 September 2012 (Case R 1673/2011-1), relating to opposition proceedings between El Corte Inglés and The English Cut.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders El Corte Inglés, SA to bear its own costs and those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 98/27

Judgment of the General Court of 28 January 2016 — Slovenia v Commission

(Case T-507/12) (1)

((State aid - Manufacture of leisure equipment - Restructuring aid - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Obligation to state reasons - Whether imputable to the State - Private investor test))

(2016/C 098/35)

Language of the case: Slovenian

Parties

Applicant: Republic of Slovenia (represented by: V. Klemenc and A. Grum, acting as Agents)

Defendant: European Commission (represented by: É. Gippini Fournier, T. Maxian Rusche, M. Kocjan and B. Rous Demiri, acting as Agents, assisted initially by M. Ulčar and M. Ménard, and subsequently by M. Ménard, P. Božičko and A. Krošel, lawyers)

Re:

Application for annulment of Commission Decision 2014/273/EU of 19 September 2012 on the measures SA.26379 (C 13/10) (ex NN 17/10) implemented by Slovenia in favour of Elan d.o.o. (OJ 2014 L 144, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Republic of Slovenia to pay the costs, including those incurred in the proceedings for interim measures.

(1) OJ C 32, 2.2.2013.
EN Official Journal of the European Union C 377/15

Judgment of the General Court of 14 November 2013 — Efag Trade Mark Company v OHIM (FICKEN)

(Case T-52/13) (1)

(Community trade mark - Application for Community word mark FICKEN - Absolute ground for refusal - Mark contrary to public order and good morals - Article 7(1)(f) of Regulation (EC) No 207/2009)

2013/C 377/34

Language of the case: German

Parties

Applicant: Efag Trade Mark Company GmbH & Co. KG (Schemmerhofen, Germany) (represented by: M. Wekwerth, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 18 October 2012 (Case R 493/2012-1), concerning an application for registration of the word sign FICKEN as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Efag Trade Mark Company GmbH & Co. KG to pay the costs.

(1) OJ C 101, 6.4.2013.
EN Official Journal of the European Union C 212/29

Judgment of the General Court of 22 May 2014 — Walcher Meßtechnik v OHIM (HIPERDRIVE)

(Case T-95/13) (1)

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

2014/C 212/36

Language of the case: German

Parties

Applicant: Walcher Meßtechnik GmbH (Kirchzarten, Germany) (represented by: S. Walter, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 13 December 2012 (Case R 1779/2012-1) concerning an application for registration of the word sign HIPERDRIVE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Walcher Meßtechnik GmbH to pay the costs.

(1) OJ C 108, 13.4.2013.