ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Judgment of the General Court of 8 May 2019 — Team Beverage v EUIPO (WEIN FÜR PROFIS)

(Case T-57/18) (1)

(EU trade mark - Application for the EU figurative mark WEIN FÜR PROFIS - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Misleading character - Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001)

(2019/C 220/49)

Language of the case: German

Parties

Applicant: Team Beverage AG (Wildeshausen, Germany) (represented by: O. Spieker, A. Schönfleisch and M. Alber, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 6 November 2017 (Case R 502/2017-1), concerning an application for registration of the figurative sign WEIN FÜR PROFIS as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Team Beverage AG to pay the costs.

(1) OJ C 104, 19.3.2018.
Official Journal of the European Union

Judgment of the General Court of 5 June 2019 — EBM Technologies v EUIPO (MobiPACS)

(Case T-272/18) (1)

(EU trade mark - Application for EU word mark MobiPACS - Absolute ground for refusal - Slogan - Level of attention of the relevant public - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2019/C 255/53)

Language of the case: German

Parties

Applicant: EBM Technologies, Inc. (Taipei, Taiwan) (represented by: J. Liesegang, M. Jost and N. Lang, lawyers)

Defendant: European Union Intellectual Property Office (represented by: K. Markakis, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 19 February 2018 (Case R 2145/2017-2) relating to an application for registration of the word sign MobiPACS as an EU trade mark.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of EUIPO of 19 February 2018 (Case R 2145/2017-2);

2. Orders EUIPO to pay the costs.

(1) OJ C 221, 25.6.2018.
Official Journal of the European Union

Judgment of the General Court of 23 May 2019 — Sintokogio v EUIPO (ProAssist)

(Case T-439/18) (1)

(EU trade mark - International registration designating the European Union - Word mark ProAssist - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Article 94 of Regulation 2017/1001 - Equal treatment)

(2019/C 238/23)

Language of the case: English

Parties

Applicant: Sintokogio Ltd (Nagoya, Japan) (represented initially by: V. Dalichau, S. Kirschstein-Freund and B. Breitinger, lawyers, and subsequently by S. Kirschstein-Freund and B. Breitinger, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and H. O’Neill, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 3 May 2018 (Case R 2341/2017-2), relating to the international registration designating the European Union in respect of the word mark ProAssist.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sintokogio Ltd to pay the costs.

(1) OJ C 328, 17.9.2018.
Judgment of the General Court of 28 June 2019 — Intercept Pharma and Intercept Pharmaceuticals v EMA

(Case T-377/18) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents held by EMA containing information submitted by the applicants in the context of the marketing authorisation for the medicinal product Ocaliva - Decision to grant a third party access to a document - Exception relating to the protection of court proceedings)

(2019/C 288/64)

Language of the case: English

Parties

Applicants: Intercept Pharma Ltd (Bristol, United Kingdom) and Intercept Pharmaceuticals, Inc., (New York, New York, United States), (represented by: L. Tsang, J. Mulryne, E. Amos and H. Kerr-Peterson, Solicitors, and F. Campbell, Barrister)

Defendant: European Medicines Agency (represented by: initially by S. Marino, S. Drosos, A. Rusanov and T. Jabłoński, and subsequently by S. Marino, S. Drosos, T. Jabłoński, R. Pita and G. Gavriilidou, Agents)

Re:

Action under Article 263 TFEU for the annulment of EMA decision ASK-40399 of 15 May 2018, granting to a third party, pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43), access to a document containing information submitted in the context of an application for marketing authorisation for the medicinal product Ocaliva.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Intercept Pharma Ltd and Intercept Pharmaceuticals, Inc. to pay the costs.

(1) OJ C 311, 3.9.2018.
Official Journal of the European Union

Judgment of the General Court of 13 June 2019 — Porus v EUIPO (oral Dialysis)

(Case T-652/18) (1)

(EU trade mark - Application for the EU word mark oral Dialysis - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and (2) of Regulation (EU) 2017/1001)

(2019/C 280/57)

Language of the case: German

Parties

Applicant: Porus GmbH (Monheim am Rhein, Germany) (represented by: C. Weil, lawyer)

Defendant: European Union Intellectual Property Office (represented by: G. Schneider and D. Hanf, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 14 September 2018 (Case R 1375/2018-2), concerning an application for registration of the word sign oral Dialysis as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Porus GmbH to pay the costs.

(1) OJ C 4, 7.1.2019.
Official Journal of the European Union

Judgment of the General Court of 9 July 2019 — Hugo’s Hotel v EUIPO — H'ugo's (HUGO’S BURGER Bar)

(Case T-397/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark HUGO’S BURGER Bar - Earlier EU word mark H’ugo’s - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 328/56)

Language of the case: English

Parties

Applicant: Hugo’s Hotel Ltd (St. Julians, Malta) (represented by: R. Sladden, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Śliwińska and J. Ivanauskas, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: H’ugo’s GmbH (Munich, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 May 2018 (Case R 1879/2017-4), relating to opposition proceedings between H’ugo’s and Hugo’s Hotel 2 May 2018 (Case R 1879/2017-4), relating to opposition proceedings between H’ugo’s and Hugo’s Hotel.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hugo’s Hotel Ltd to pay the costs.

(1) OJ C 301, 27.8.2018.
Official Journal of the European Union

Judgment of the General Court of 27 June 2019 — Aldi v EUIPO — Crone (CRONE)

(Case T-385/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark CRONE - Earlier EU figurative marks crane and earlier word mark CRANE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 305/60)

Language of the case: German

Parties

Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, U. Rademacher, C. Fürsen and M. Minkner, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Crawcour and D. Hanf, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Christoph Michael Crone (Krefeld, Germany) (represented by: M. van Maele and H.-Y. Cho, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 14 March 2018 (Case R 1100/2017-1), relating to opposition proceedings between Aldi and Mr Crone.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Aldi GmbH & Co. KG to pay the costs.

(1) OJ C 285, 13.8.2018.
Official Journal of the European Union

Judgment of the General Court of 19 September 2019 — FV v Council

(Case T-27/18 RENV) (1)

(Civil service - Officials - Staff report - 2013 appraisal exercise - Interest in bringing proceedings - Obligation to state reasons - Manifest error of assessment - Duty to have regard for the welfare of officials)

(2019/C 399/54)

Language of the case: French

Parties

Applicant: FV (represented by: initially, L. Levi and, subsequently, É. Boigelot, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the applicant’s staff report for the period from 1 January to 31 December 2013.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders FV to pay the costs incurred in Case F-40/15 and those incurred in the present proceedings on referral;

3. orders the Council of the European Union to pay the costs incurred in Case T-639/16 P.

(1) OJ C 178, 1.6.2015 (case initially registered before the Civil Service Tribunal of the European Union as Case F-40/15 and transferred to the General Court of the European Union on 1.9.2016).
Official Journal of the European Union

Judgment of the General Court of 24 September 2019 — Volvo Trademark v EUIPO — Paalupaikka (V V-WHEELS)

(Case T-356/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark V V-WHEELS - Earlier EU, national and unregistered figurative marks VOLVO - Relative ground for refusal - Similarity of the signs - Article 8(5) of Regulation (EU) 2017/1001)

(2019/C 413/58)

Language of the case: English

Parties

Applicant: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented by: T. Dolde, lawyer, and M. Hawkins, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: S. Bonne and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Paalupaikka Oy (Iisalmi, Finland)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 March 2018 (Case R 1852/2017-4), relating to opposition proceedings between Volvo Trademark Holding and Paalupaikka.

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 21 March 2018 (Case R 1852/2017-4);

2. Orders EUIPO to pay the costs, including the costs necessarily incurred by Volvo Trademark Holding AB for the purposes of the proceedings before the Board of Appeal of EUIPO.

(1) OJ C 268, 30.7.2018.
Official Journal of the European Union

Judgment of the General Court of 17 September 2019 — Grupo Bimbo v EUIPO — Rubio Snacks (Tia Rosa)

(Case T-464/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark Tia Rosa - Earlier national figurative mark TIA ROSA - Relative ground for refusal - Similarity of the goods - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 399/61)

Language of the case: Spanish

Parties

Applicant: Grupo Bimbo, SAB de CV (Mexico, Mexico) (represented by: N. Fernández Fernández-Pacheco, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Rubio Snacks, SL (Bullas, Spain) (represented by I. Temiño Ceniceros and J. Oria Sousa-Montes, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 May 2018 (Case R 2739/2017-5), relating to opposition proceeding between Rubio Snacks and Grupo Bimbo.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Grupo Bimbo, SAB de CV to pay the costs.

(1) OJ C 328, 17.9.2018.
Official Journal of the European Union

Judgment of the General Court of 10 October 2019 — Kalypso Media Group v EUIPO — Wizards of the Coast (DUNGEONS)

(Case T-700/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark DUNGEONS - Earlier EU word mark DUNGEONS & DRAGONS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 423/60)

Language of the case: English

Parties

Applicant: Kalypso Media Group GmbH (Worms, Germany) (represented by: T. Boddien, lawyer)

Defendant: European Union Intellectual Property Office (represented by: G. Sakalaité-Orlovskiené, A. Folliard-Monguiral and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Wizards of the Coast LLC (Pawtucket, Rhode Island, United States)

Re:

Action against the decision of the Fourth Board of Appeal of EUIPO of 21 September 2018 (Case R 599/2018-4) relating to opposition proceedings between Wizards of the Coast and Kalypso Media Group.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 25, 21.1.2019.
Official Journal of the European Union

Judgment of the General Court of 10 October 2019 – ZM and Others v Council

(Case T-632/18) (1)

(Civil service - Officials - Members of the temporary staff - Remuneration - Family allowances - Education allowance - Refusal to reimburse education costs - Article 3(1) of Annex VII to the Staff Regulations)

(2019/C 423/56)

Language of the case: French

Parties

Applicants: ZM, ZN and ZO (represented by: N. de Montigny, lawyer)

Defendant: European Council (represented by: R. Meyer and M. Alver, acting as Agents)

Intervener in support of the defendant: European Parliament (represented by: E. Taneva and M. Windisch, acting as Agents)

Re:

Action under Article 270 TFEU seeking annulment of the Council’s decisions not to reimburse the applicants, in respect of the school year 2017/2018, for the education costs notified by means of an individual decision or via Sysper/Ariane, the internal IT system.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ZM, ZN and ZO to pay the costs;

3. Orders the European Parliament to pay its own costs.

(1) OJ C 455, 17.12.2018.
Official Journal of the European Union

Judgment of the General Court of 15 October 2019 — Boxer Barcelona v EUIPO — X-Technology Swiss (XBOXER BARCELONA)

(Case T-582/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark XBOXER BARCELONA - Earlier EU figurative mark representing the letter ‘x’ - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Evidence - Article 18(1)(a) of Regulation 2017/1001 - Article 47(2) of Regulation 2017/1001 - Restriction of the application for registration before the Board of Appeal - Article 49(1) of Regulation 2017/1001)

(2019/C 432/57)

Language of the case: Spanish

Parties

Applicant: Boxer Barcelona, SL (Barcelona, Spain) (represented by: A. Canela Giménez, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: X-Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Zafar, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 July 2018 (Case R 2186/2017-5), relating to opposition proceedings between X-Technology Swiss and Boxer Barcelona.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Boxer Barcelona, SL to pay the costs.

(1) OJ C 427, 26.11.2018.
Official Journal of the European Union

Judgment of the General Court of 10 October 2019 — Biasotto v EUIPO — Oofos (OO)

(Case T-454/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark OO - Earlier EU figurative mark OO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 432/52)

Language of the case: English

Parties

Applicant: Alessandro Biasotto (Treviso, Italy) (represented by F. Le Divelec Lemmi, R. Castiglioni and E. Cammareri, lawyers)

Defendant: European Union Intellectual Property Office (represented by E. Markakis and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Oofos, Inc. (Reno, Nevada, United States) (represented by J. Klink, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 15 May 2018 (Case R 1281/2017-2), relating to opposition proceedings between Oofos and Mr Biasotto.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Alessandro Biasotto to pay the costs.

(1) OJ C 352, 1.10.2018
Official Journal of the European Union

Judgment of the General Court of 3 December 2019 — Hästens Sängar v EUIPO (Representation of a chequered gingham pattern)

(Case T-658/18) (1)

(EU trade mark - International registration designating the European Union - Figurative mark representing a chequered gingham pattern - Absolute grounds for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2020/C 27/38)

Language of the case: English

Parties

Applicant: Hästens Sängar AB (Köping, Sweden) (represented by: M. Johansson and R. Wessman, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Söder, H. O’Neill and D. Gája, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 8 August 2018 (Case R 442/2018-2) concerning the international registration designating the European Union of a figurative mark representing a chequered gingham pattern.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hästens Sängar AB to pay the costs.

(1) OJ C 25, 21.1.2019.
Official Journal of the European Union

Judgment of the General Court of 26 November 2019 — Wyld v EUIPO — Kaufland Warenhandel (wyld)

(Case T-711/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark wyld - Earlier international word mark WILD CRISP - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Rejection in part of the application for registration)

(2020/C 19/57)

Language of the case: German

Parties

Applicant: Wyld GmbH (Munich, Germany) (represented by: M. Douglas, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: M. Fischer, acting as Agent)

Other party to the proceedings before the Board of Appeal: Kaufland Warenhandel GmbH & Co. KG (Neckarsulm, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 24 September 2018 (Case R 2621/2017-2), relating to opposition proceedings betweenKaufland Warenhandel and Wyld.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Wyld GmbH to pay the costs.

(1) OJ C 35, 28.1.2019.
Official Journal of the European Union

Judgment of the General Court of 19 December 2019 — ZQ v Commission

(Case T-647/18) (1)

(Civil service - Officials - Psychological harassment - Article 12a of the Staff Regulations - Request for assistance - Article 24 of the Staff Regulations - Rejection of the request - Reasonable time - Absence of prima facie evidence - Obligation to state reasons - Liability)

(2020/C 61/36)

Language of the case: Italian

Parties

Applicant: ZQ (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: European Commission (represented by: B. Mongin, acting as Agent, and A. Dal Ferro, lawyer)

Re:

Application based on Article 270 TFEU seeking, first, annulment of the Commission decision of 15 December 2017 rejecting the request for assistance made by the applicant on 18 August 2017 and, in so far as is necessary, of the Commission decision of 19 July 2018 rejecting the complaint lodged by the applicant on 19 March 2018 and, second, compensation for the material and non-material damage he claims to have suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ZQ to bear his own costs and to pay those incurred by the European Commission.

(1) OJ C 16, 14.1.2019.
1.

Orders the European Central Bank (ECB) to pay the sum of EUR 1 000 to Ms Christine Wehrheim in respect of non-material damage, together with interest, from the date of delivery of the present judgment, at the rate applied by the ECB to its main refinancing operations, increased by 3.5 percentage points, until the date of payment by the ECB of the amount of EUR 1 000;
Judgment of the General Court of 12 February 2020 — Ruhorimbere v Council

(Case T-175/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Right to respect for private and family life - Proportionality - Presumption of innocence - Plea of illegality)

(2020/C 103/36)

Language of the case: French

Parties

Applicant: Éric Ruhorimbere (Mbuji-Mayi, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, S. Lejeune and H. Marcos Fraile, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Éric Ruhorimbere to pay the costs.

(1) OJ C 161, 7.5.2018.
Official Journal of the European Union

Judgment of the General Court of 29 January 2020 — Aldi v EUIPO — Titlbach (ALTISPORT)

(Case T-697/18) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark ALTISPORT - Earlier international and EU word marks ALDI - Relative ground for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001 - Comparison of the goods and services - Obligation to state reasons - Article 94 of Regulation (EU) 2017/1001)

(2020/C 77/64)

Language of the case: German

Parties

Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, U. Rademacher, C. Fürsen and M. Minkner, lawyers)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis and A. Söder, acting as agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Aleš Titlbach (Meziboří, Czech Republic)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 September 2018 (Case R 2683/2017-4), relating to opposition proceedings between Aldi and Mr Titlbach.

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 19 September 2018 (Case R 2683/2017-4) in so far as it concerns ‘toys’ in Class 28 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2. Dismisses the action as to the remainder;

3. Orders the parties to bear their own costs.

(1) OJ C 25, 21.1.2019.