ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 64/36

Judgment of the Court of First Instance of 30 January 2008 — Japan Tobacco v OHIM — Torrefacção Camelo (CAMELO)

(Case T-128/06) (1)

(Community trade mark - Opposition procedure - Application for the Community figurative mark CAMELO - Earlier national figurative mark CAMEL - Relative ground for refusal - No risk of profit derived unduly from, and no risk of detriment to, the distinctive character and reputation of the earlier mark - Article 8(5) of Regulation (EC) No 40/94 - No infringement of the rules of the appeal procedure - Article 74 of Regulation No 40/94)

(2008/C 64/58)

Language of the case: French

Parties

Applicant: Japan Tobacco, Inc. (Tokyo, Japan) (represented by: A. Ortiz López, S. Ferrandis González and E. Ochoa Santamaría, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Torrefacção Camelo Lda (Campo Maior, Portugal) (represented by: A. De Sampaio, I. Cavalho Franco and C. de Almeida Carvalho, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 February 2006 (Case R 669/2003-2) concerning opposition proceedings between Japan Tobacco, Inc. and Torrefacção Camelo Lda.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Japan Tobacco, Inc. to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM);

3. Orders Torrefacção Camelo Lda to bear its own costs.

(1) OJ C 154, 1.7.2006.
EN Official Journal of the European Union C 8/14

Judgment of the Court of First Instance of 20 November 2007 — Castellani v OHIM — Markant Handels und Service (CASTELLANI)

(Case T-149/06) (1)

(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark CASTELLANI - Earlier national word marks CASTELLUM and CASTELLUCA - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 8/27)

Language of the case: English

Parties

Applicant: Castellani SpA (Campagna Gello, Italy) (represented by: A. Di Maso and M. Di Maso, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, agent)

The other party to the proceedings before the Board of Appeal of OHIM: Markant Handels und Service GmbH (Offenburg, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 February 2006 (Case R 449/2005-1), relating to opposition proceedings between Markant Handels und Service GmbH and Castellani SpA.

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 22 February 2006 (Case R 449/2005 1);

2. Orders OHIM to pay the costs.

(1) OJ C 178, 29.7.2006.
EN Official Journal of the European Union C 197/21

Judgment of the Court of First Instance of 25 June 2008 — Otto v OHIM

(Case T-224/06) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark l'Altra Moda - Earlier national figurative mark Alba Moda - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 73 and Article 74(1) and (2) of Regulation No 40/94)

(2008/C 197/36)

Language of the case: Italian

Parties

Applicant: Otto GmbH & Co. KG (Hamburg, Germany) (represented by: C. Rohnke and M. Munz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: L'Altra Moda SpA (Rome, Italy) (represented by: A. Masetti Zannini de Concina and M. Bucarelli, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 June 2006 (Case R 793/2005-2) relating to opposition proceedings between Otto GmbH & Co. KG and l'Altra Moda SpA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Otto GmbH & Co. KG to bear its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of l'Altra Moda SpA.

(1) OJ C 281, 18.11.2006.
EN Official Journal of the European Union C 142/24

Judgment of the Court of First Instance of 22 April 2008 — Casa Editorial El Tiempo v OHIM — Instituto Nacional de Meteorología (EL TIEMPO)

(Case T-233/06) (1)

(Community trade mark - Opposition - Application for Community word mark EL TIEMPO - Earlier national word marks TELETIEMPO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 142/42)

Language of the case: Spanish

Parties

Applicant: Casa Editorial El Tiempo, SA (Santafé de Bogotá, Colombia) (represented by: A. Fernández Lerroux and A. Fernández Fernández-Pacheco, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Instituto Nacional de Meteorología (Madrid, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 June 2006 (Case R 760/2005-4) concerning opposition proceedings between the Instituto Nacional de Meteorología and Casa Editoria El Tiempo, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Casa Editorial El Tiempo to pay the costs.

(1) OJ C 261, 28.10.2006.
EN Official Journal of the European Union C 272/22

Judgment of the Court of First Instance of 10 September 2008 — Evropaïki Dinamiki v Court of Justice

(Case T-272/06) (1)

(Public service contracts - Community tendering procedure - Rejection of bid - Selection and award criteria - Obligation to state reasons)

(2008/C 272/40)

Language of the case: English

Parties

Applicant: Evropaïki Dinamiki — Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE (Athens (Greece) (represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: Court of Justice of the European Communities (represented: initially by M. Schauss and then by D. Guild, acting as Agents)

Re:

Application for the annulment of the decision of the Court of Justice of 20 July 2006 not to accept the tender submitted by the applicant in response to the call for tenders of 5 July 2005 for services to maintain, develop and support computer applications, and to award the contract to the successful tenderer.

Operative part of the judgment

The Court:

1. Annuls the decision of the Court of Justice to reject the tender submitted by Evropaïki Dinamiki — Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE, as communicated to the latter by letter of 20 July 2006.

2. Orders the Court of Justice to pay the costs.

(1) OJ C 294, 2.12.2006.
EN Official Journal of the European Union C 272/24

Judgment of the Court of First Instance of 9 September 2008 — Honda Motor Europe v OHIM — Seat (MAGIC SEAT)

(Case T-363/06) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark MAGIC SEAT - Earlier national figurative trade mark SEAT - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 272/45)

Language of the case: English

Parties

Applicant: Honda Motor Europe Ltd (Slough, Berkshire, United Kingdom) (represented by: S. Malynicz, Barrister, and N. Cordell, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM: Seat SA (Barcelona, Spain)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 September 2006 (Case R 960/2005-1) relating to opposition proceedings between Seat SA and Honda Motor Europe Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Honda Motor Europe Ltd to pay the costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 6/24

Judgment of the Court of First Instance of 12 November 2008 — Evropaïki Dynamiki v Commission

(Case T-406/06) (1)

(Public service contracts - Invitation to tender concerning support services for the system of registries established under Directive 2003/87/EC - Rejection of a tender - Decision to award the contract to another tenderer - Manifest error of assessment - Obligation to state the reasons on which the decision is based - Claim for damages)

(2009/C 6/48)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: Commission of the European Communities (represented by: M. Wilderspin and E. Manhaeve, acting as Agents)

Re:

Application for, first, annulment of the Commission's decision of 19 October 2006 to reject the applicant's offer in a call for tenders for support services for the system of registries established under Directive 2003/87/CE of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32), the Community independent transaction log (CITL), with technical maintenance and user support (OJ 2006 S 102), and an application for annulment of the decision to award the contract to another tenderer and, secondly, a claim for damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay its own costs and those incurred by the Commission.

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 313/30

Judgment of the Court of First Instance of 15 October 2008 — Rewe-Zentrale v OHIM (PORT LOUIS)

(Case T-230/06) (1)

(Community trade mark - Application for the Community word mark PORT LOUIS - Absolute grounds for refusal - Descriptive character - Designation of the geographical origin of the goods - Article 7(1)(c) of Regulation (EC) No 40/94)

(2008/C 313/53)

Language of the case: German

Parties

Applicant: Rewe-Zentrale AG (Cologne, Germany) (represented by: M. Kinkeldey and A. Bognár, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 June 2006 (Case R 25/2006-1) concerning an application to register the word mark PORT LOUIS as a Community trade mark.

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 21 June 2006 (Case R 25/2006-1);

2. orders OHIM to pay the costs.

(1) OJ C 261 of 28.10.2006.
EN Official Journal of the European Union C 32/26

Judgment of the Court of First Instance of 11 December 2008 — Tomorrow Focus v OHIM — Information Builders (Tomorrow Focus)

(Case T-90/06) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Tomorrow Focus - Earlier Community figurative mark FOCUS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 32/48)

Language of the case: German

Parties

Applicant: Tomorrow Focus AG (Munich, Germany) (represented initially by U. Gürtler, then by J. Berlinger)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by G. Schneider, then by G. Schneider and S. Schäffner, agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Information Builders (Netherlands) BV (Amstelveen, Netherlands)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Case R 116/2005-1) relating to opposition proceedings between Information Builders (Netherlands) BV and Tomorrow Focus AG.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Tomorrow Focus AG to pay the costs.

(1) OJ C 108, 6.5.2006.
EN Official Journal of the European Union C 267/54

Judgment of the Court of First Instance of 16 September 2009 — Hipp & Co v OHIM — Laboratoris Ordesa (Bebimil)

(Case T-221/06) (1)

(Community trade mark - Opposition procedure - Application for Community word mark Bebimil - Earlier Community and national word marks BLEMIL - Earlier national word mark BLEMIL 1 - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Likelihood of confusion)

2009/C 267/92

Language of the case: English

Parties

Applicant: Hipp & Co KG (Sachseln, Switzerland) (represented by: M. Kinkeldey and A. Bognár, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Latinien and A. Folliard-Mongiural, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Laboratoris Ordesa, SL (Sant Boi de Llobregat, Spain) (represented by: R. Thierie and E. Sugrañes Coca, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 2 June 2006 (Case R 571/2005-1), relating to opposition proceedings between Laboratorios Ordesa, SL and Hipp & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. orders Hipp & Co. KG to pay the costs.

(1) OJ C 237, 30.9.2006.
EN Official Journal of the European Union C 153/34

Judgment of the Court of First Instance of 14 May 2009 — Fiorucci v OHIM — Edwin (ELIO FIORUCCI)

(Case T-165/06) (1)

(Community trade mark - Invalidity and revocation proceedings - Community word mark ELIO FIORUCCI - Registration of the name of a well-known person as a trade mark - Article 52(2)(a) and Article 50(1)(c) of Regulation (EC) No 40/94)

2009/C 153/65

Language of the case: Italian

Parties

Applicant: Elio Fiorucci (Milan, Italy) (represented by: A. Vanzetti, G. Sironi and F. Rossi, Lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and L. Rampini, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Edwin Co. Ltd (Tokyo, Japan) (represented by: D. Rigatti, M. Bertani, S. Verea, K. Muraro and M. Balestriero, Lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 April 2006 (Decision R 238/2005-1) concerning invalidity and revocation proceedings between Mr Elio Fiorucci and Edwin Co. Ltd.

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 6 April 2006 (Case R 238/2005-1) in so far as it contains an error of law in the interpretation of Article 8(3) of the Codice della Proprietà Industriale (Italian Industrial Property Code);

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and two thirds of the costs incurred by Mr Elio Fiorucci;

4. Orders Edwin Co. Ltd to pay its own costs and one third of those incurred by Mr Elio Fiorucci.

(1) OJ C 190, 12.8.2006.
EN Official Journal of the European Union C 148/26

Judgment of the General Court of 13 April 2010 — Esotrade v OHIM — Segura Sánchez (YoKaNa)

(Case T-103/06) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark YoKaNa - Earlier Community and national figurative marks YOKONO - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 148/45

Language of the case: Spanish

Parties

Applicant: Esotrade SA (Madrid, Spain) (represented by: J. de Rivera Lamo de Espinosa and J.E. Astiz Suárez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo and O. Montalto, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Antonio Segura Sánchez (Alicante, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 January 2006 (Case R 217/2004-2), concerning opposition proceedings between Antonio Segura Sánchez and Esotrade SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 121, 20.5.2006.
EN Official Journal of the European Union C 312/27

Judgment of the Court of First Instance of 29 October 2009 — Bowland Dairy Products v Commission

(Case T-212/06) (1)

(Action for damages - Regulation (EC) No 178/2002 - Rapid alert system - Supplementary notification - Competence of the national authorities - Commission’s opinion not binding - Modification of the subject-matter of the dispute - Inadmissibility)

2009/C 312/43

Language of the case: English

Parties

Applicant: Bowland Dairy Products Ltd (Barrowford, Lancashire, United Kingdom) (represented by: J. Milligan, Solicitor, D. Anderson QC and A. Robertson, Barrister)

Defendant: Commission of the European Communities (represented by: P. Oliver, J.-P. Keppenne and L. Parpala, Agents)

Re:

Application, first, for annulment of the alleged refusal by the Commission to circulate, under the rapid alert system provided for in Article 50 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ 2002 L 31, p. 1), a supplementary notification declaring that the United Kingdom’s Food Standards Agency was content for the curd cheese produced by the applicant to be marketed and, second, for compensation for the loss allegedly suffered by the applicant as a consequence of that refusal.

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible.

2. Orders Bowland Dairy Products Ltd to pay the costs, including those relating to the interim proceedings.

(1) OJ C 237, 30.9.2006.
EN Official Journal of the European Union C 145/22

Judgment of the General Court of 24 March 2011 — IBP and International Building Products France v Commission

(Case T-384/06) (1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Duration of participation in the infringement - Fines - Aggravating circumstances)

2011/C 145/33

Language of the case: English

Parties

Applicants: IBP Ltd (Tipton, United Kingdom); and International Building Products France SA (Sartrouville, France) (represented by: M. Clough QC and A. Aldred, Solicitor)

Defendant: European Commission (represented by: F. Castillo de la Torre and V. Bottka, acting as Agents)

Re:

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

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders IBP Ltd and International Building Products France SA to bear their own costs and to pay 80 % of the European Commission’s costs, and also to bear their own costs and to pay the Commission’s costs relating to the interim measures proceedings;

3. Orders the Commission to bear 20 % of its own costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 301/21

Judgment of the General Court of 13 September 2010 — Trioplast Wittenheim v Commission

(Case T-26/06) (1)

(Competition - Agreements, decisions and concerted practices - Market for industrial plastic sacks - Decision finding an infringement of Article 81 EC - Duration of the infringement - Fines - Seriousness of the infringement - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality)

2010/C 301/32

Language of the case: Swedish

Parties

Applicant: Trioplast Wittenheim SA (Wittenheim, France) (represented by: T. Petersson and O. Larsson, lawyers)

Defendant: European Commission (represented by: initially F. Castillo de la Torre, P. Hellström and V. Bottka, subsequently F. Castillo de la Torre, L. Parpala and V. Bottka, acting as Agents)

Re:

Application for partial annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a procedure under Article 81 [EC] (Case COMP/F/38.354 — Industrial sacks) concerning an agreement in the market for plastic industrial sacks and, in the alternative, an application for reduction of the amount of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Trioplast Witteheim SA to pay the costs.

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 311/33

Judgment of the General Court of 9 September 2011 — Evropaïki Dynamiki v Commission

(Case T-232/06) (1)

(Public service contracts - Tendering procedure - Provision of services for specification, development, maintenance and support of customs IT services relating to IT projects - Rejection of a tender - Award of the contract to another tenderer - Action for damages - Disregard of the procedural requirements - Inadmissibility - Action for annulment - Time allowed for the receipt of tenders - Time allowed for the submission of requests for information - Equal treatment - Manifest error of assessment)

2011/C 311/56

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: European Commission (represented by: M. Wilderspin and E. Manhaeve, Agents)

Re:

APPLICATION for (i) annulment of the Commission’s decision of 19 June 2006 not to select the tender submitted by the consortium formed by the applicant and other companies in connection with a call for tenders for specification, development, maintenance and support of customs IT services relating to IT projects ‘CUST-DEV’ and to award the contract to another tenderer and (ii) damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 261, 28.10.2006.