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

Judgment of the General Court of 16 June 2021 — Rezon v EUIPO (imot.bg)

(Case T-487/20) (1)

(EU trade mark - Application for the EU figurative mark imot.bg - Absolute grounds for refusal - Lack of distinctiveness - Descriptiveness - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 - Obligation to state reasons - First sentence of Article 94(1) of Regulation 2017/1001 - Partial confirmatory decision)

(2021/C 310/34)

Language of the case: Bulgarian

Parties

Applicant: Rezon OOD (Sofia, Bulgaria) (represented by: M. Yordanova Harizanova, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard Monguiral and P. Angelova Georgieva, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 2 June 2020 (Case R 2270/2019-1), concerning an application for registration of the figurative sign imot.bg as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rezon OOD to pay the costs.

(1) OJ C 329, 5.10.2020.
Official Journal of the European Union

Judgment of the General Court of 9 June 2021 — Philip Morris Products v EUIPO — (SIENNA SELECTION)

(Case T-130/20) (1)

(EU trade mark - Application for EU word mark SIENNA SELECTION - Absolute grounds for refusal - Descriptive character - No distinctive character - Name of a colour - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)

(2021/C 297/48)

Language of the case: English

Parties

Applicant: Philip Morris Products SA (Neuchâtel, Switzerland) (represented by: L. Alonso Domingo, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Capostagno and V. Ruzek, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 December 2019 (Case R 1675/2019 5), relating to an application for registration of the word sign SIENNA SELECTION as an EU trade mark.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 December 2019 (Case R 1675/2019-5);

2. Orders EUIPO to bear its own costs and to pay the costs incurred by Philip Morris Products SA.

(1) OJ C 175, 25.5.2020.
Official Journal of the European Union

Judgment of the General Court of 14 July 2021 — Abitron Germany v EUIPO — Hetronic International (NOVA)

(Case T-75/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark NOVA - Non-registered earlier national trade mark NOVA - Relative ground for refusal - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001, respectively) - Reference to the national law governing the earlier mark - Absolute ground for refusal - No bad faith - Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001))

(2021/C 349/44)

Language of the case: German

Parties

Applicant: Abitron Germany GmbH (Langquaid, Germany) (represented by: T. Dolde and K. Lüder, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Hetronic International, Inc (Oklahoma City, Oklahoma, United States) (represented by: A. Wehlau, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 10 December 2019 (Case R 521/2019-4), relating to invalidity proceedings between Abitron Germany and Hetronic International.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Abitron Germany GmbH to pay the costs.

(1) OJ C 103, 30.3.2020.
Official Journal of the European Union

Judgment of the General Court of 30 June 2021 — Framery v EUIPO — Smartblock (Transportable building)

(Case T-373/20) (1)

(Community design - Invalidity proceedings - Community design representing a transportable building - Earlier designs - Proof of disclosure - Article 7 of Regulation (EC) No 6/2002 - Ground for invalidity - No individual character - No different overall impression - Article 6(1)(b) and Article 25(1)(b) of Regulation No 6/2002 - Obligation to state reasons)

(2021/C 329/36)

Language of the case: English

Parties

Applicant: Framery Oy (Tampere, Finland) (represented by: A. Renck and C. Stöber, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)

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

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 8 April 2020 (Case R 616/2019-3), relating to invalidity proceedings between Smartblock and Framery.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Framery Oy to pay the costs.

(1) OJ C 271, 17.8.2020.
Official Journal of the European Union

Judgment of the General Court of 1 September 2021 — Residencial Palladium v EUIPO — Palladium Gestión (PALLADIUM HOTEL GARDEN BEACH)

(Case T-566/20) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark PALLADIUM HOTEL GARDEN BEACH - Earlier national trade name GRAND HOTEL PALLADIUM - Relative Ground for refusal - Use in the course of trade of a sign of more than mere local significance - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001))

(2021/C 422/21)

Language of the case: Spanish

Parties

Applicant: Residencial Palladium, SL (Ibiza, Spain) (represented by: D. Solana Giménez, lawyer)

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

Intervener before the General Court, authorised to replace the other party to the proceedings before the Board of Appeal of EUIPO: Palladium Gestión, SL (Ibiza) (represented by: J. Rojo García-Lajara, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 30 June 2020 (Case R 1542/2019-4), relating to invalidity proceedings between Residencial Palladium and Fiesta Hotels & Resorts, SL.

Operative part of the judgment

The Court:

1. Authorises Palladium Gestión, SL to replace Fiesta Hotels & Resorts, SL as intervener;

2. Dismisses the action;

3. Orders Residencial Palladium, SL to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) and Palladium Gestión.

(1) OJ C 371, 3.11.2020.
Official Journal of the European Union

Judgment of the General Court of 14 July 2021 — Arnautu v Parliament

(Case T-740/20) (1)

(Law governing the institutions - Rules on expenses and allowances for Members of Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid - Plea of illegality - Rights of the defence - Error of assessment)

(2021/C 349/53)

Language of the case: French

Parties

Applicant: Marie Christine Arnautu (Paris, France) (represented by: F. Wagner, lawyer)

Defendant: European Parliament (represented by: N. Görlitz, T. Lazian and M. Ecker, acting as Agents)

Re:

Application under Article 263 TFEU for annulment, first, of the decision of the Secretary General of the Parliament of 21 September 2020 on the recovery from the applicant of a sum of EUR 87 203,46 unduly paid by way of parliamentary assistance and, second, of the corresponding debit note of 22 October 2020.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mrs Marie-Christine Arnautu to bear her own costs and to pay those incurred by the European Parliament.

(1) OJ C 44, 8.2.2021.
Judgment of the General Court of 15 September 2021 — Arnaoutakis and Others v Parliament

(Case T-240/20 to T-245/20) (1)

(Law governing the institutions - Rules governing the payment of expenses and allowances to Members of the European Parliament - Amendment of the voluntary additional pension scheme - Refusal to grant a voluntary additional pension - Plea of illegality - Competence of the Bureau of the Parliament - Rights acquired and future entitlements - Proportionality - Equal treatment - Legal certainty)

(2021/C 452/39)

Language of the case: French

Parties

Applicants: Stavros Arnaoutakis (Heraklion, Greece) and the five other applicants whose names appear in the annex to the judgment (represented by: A. Schmitt and A. Grosjean, lawyers)

Defendants: European Parliament (represented by: N. Görlitz, M. Ecker and S. Seyr, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the Parliament’s decision rejecting the application made by the applicants to be granted a voluntary additional pension in accordance with the Decision of the Bureau of the European Parliament of 10 December 2018 amending the Implementing Measures for the Statute for Members of the European Parliament (OJ 2018 C 466, p. 8) on the ground that they have not reached the required age of 65.

Operative part of the judgment

The Court:

1. Joins Cases T-240/20 to T-245/20 for the purpose of the judgment;

2. Dismisses the actions;

3. Orders Mr Stavros Arnaoutakis and the other applicants whose names appear in the annex to pay the costs.

(1) OJ C 215, 29.6.2020.
Official Journal of the European Union

Judgment of the General Court of 8 September 2021 — QB v ECB

(Case T-555/20) (1)

(Civil service - ECB staff - Appraisal report - 2015 appraisal exercise - Compliance with a judgment of the General Court - Article 266 TFEU - Duty of impartiality - ECB staff appraisal guide - Manifest errors of assessment - Liability)

(2021/C 431/42)

Language of the case: French

Parties

Applicant: QB (represented by: L. Levi, lawyer)

Defendant: European Central Bank (represented by: B. Ehlers and F. Malfrère, acting as Agents, and B. Wägenbaur, lawyer)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, annulment of the applicant’s appraisal report for the 2015 appraisal period and, second, compensation for the non-material damage which the applicant claims to have sustained as a result of that document.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders QB to bear her own costs and to pay those incurred by the European Central Bank (ECB).

(1) OJ C 359, 26.10.2020.
Official Journal of the European Union

Judgment of the General Court of 22 September 2021 — Moviescreens Rental v EUIPO — the airscreen company (AIRSCREEN)

(Case T-250/20) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark airscreen - Absolute grounds for refusal - No descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - Distinctive character - Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation 2017/1001))

(2021/C 462/49)

Language of the case: German

Parties

Applicant: Moviescreens Rental GmbH (Damme, Germany) (represented by: D. Schulz and P. Stelzig, lawyers)

Defendant: European Union Intellectual Property Office (represented by: R. Manea and A. Söder, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: the airscreen company GmbH & Co. KG (Münster, Germany) (represented by: O. Spieker, A. Schönfleisch and N. Willich, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 February 2020 (Case R 2527/2018-4), relating to invalidity proceedings between Moviescreens Rental and the airscreen company.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Moviescreens Rental GmbH to pay the costs.

(1) OJ C 262, 10.8.2020.
Judgment of the General Court of 15 September 2021 –Ilunga Luyoyo v Council

(Case T-101/20) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territory of the Member States - Retention of the applicant’s name on the lists of persons subject to restrictive measures - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)

(2021/C 452/28)

Language of the case: French

Parties

Applicant: Ferdinand Ilunga Luyoyo (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: M.-C. Cadilhac and H. Marcos Fraile, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2019 L 318, p. 1) in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ferdinand Ilunga Luyoyo to pay the costs.

(1) OJ C 129, 20.4.2020.
Official Journal of the European Union

Judgment of the General Court of 6 October 2021 — Dermavita Company v EUIPO — Allergan Holdings France (JUVÉDERM VYBRANCE)

(Case T-635/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark JUVÉDERM VYBRANCE - Late payment of the appeal fee - Inadmissibility of the appeal before the Board of Appeal - Article 101(4) of Regulation (EU) 2017/1001 - Article 106(1)(b) of Regulation 2017/1001 - Restitutio in integrum)

(2021/C 481/38)

Language of the case: English

Parties

Applicant: Dermavita Company S.a.r.l. (Beirut, Lebanon) (represented by: D. Todorov, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Allergan Holdings France SAS (Courbevoie, France)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 24 August 2020 (Case R 1014/2020-4), relating to invalidity proceedings between Dermavita Company and Allergan Holdings France.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dermavita Company S.a.r.l. to pay the costs.

(1) OJ C 443, 21.12.2020.
Official Journal of the European Union

Judgment of the General Court of 29 September 2021 — Univers Agro v EUIPO — Shandong Hengfeng Rubber & Plastic (AGATE)

(Case T-592/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark AGATE - Absolute ground for refusal - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))

(2021/C 471/66)

Language of the case: English

Parties

Applicant: Univers Agro EOOD (Sofia, Bulgaria) (represented by: C. Hernández-Martí Pérez, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Shandong Hengfeng Rubber & Plastic Co. Ltd (Dongying, China) (represented by: J. Erdozain López, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 July 2020 (Case R 725/2019-4), relating to invalidity proceedings between Shandong Hengfeng Rubber & Plastic and Univers Agro.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Agro EOOD to pay the costs.

(1) OJ C 390, 16.11.2020.
Judgment of the General Court of 13 October 2021 — Škoda Investment v EUIPO — Škoda Auto (Representation of an arrow with wing)

(Case T-712/20) (1)

(EU trade mark - Opposition proceedings - Application for an EU figurative mark representing an arrow with wing - Earlier EU figurative mark representing an arrow with wing - Relative ground for refusal - Partial rejection of the opposition - Limited scope of the opposition in the context of the appeal before the Board of Appeal - Partial withdrawal of the opposition - Plea raised by the Board of Appeal of its own motion - Prohibition on ruling ultra petita)

(2021/C 490/47)

Language of the case: English

Parties

Applicant: Škoda Investment a.s. (Plzeň, Czech Republic) (represented by: L. Lorenc, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Škoda Auto a.s. (Mladá Boleslav, Czech Republic) (represented by: J. Fesenmair, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 October 2020 (Case R 284/2020-4), relating to opposition proceedings between Škoda Investment and Škoda Auto.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Škoda Investment a.s. to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and Škoda Auto a.s. in the proceedings before the General Court.

(1) OJ C 35, 1.2.2021.
Official Journal of the European Union

Judgment of the General Court of 13 October 2021 — Setarcos Consulting v EUIPO (Blockchain Island)

(Case T-523/20) (1)

(EU trade mark - Application for the EU word mark Blockchain Island - Absolute ground for refusal - No distinctive character - Article 7(1)(b) and (2) of Regulation (EU) 2017/1001)

(2021/C 490/44)

Language of the case: English

Parties

Applicant: Setarcos Consulting ltd. (Sliema, Malta) (represented by: S. Stafylakis, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka and V. Ruzek, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 9 June 2020 (Case R 2806/2019-5), regarding an application for registration of the word sign Blockchain Island as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Setarcos Consulting ltd. to pay the costs.

(1) OJ C 339, 12.10.2020.
Official Journal of the European Union

Judgment of the General Court of 10 November 2021 — Stada Arzneimittel v EUIPO — Pfizer (RUXIMBLIS)

(Case T-542/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark RUXIMBLIS - Earlier EU word mark RUXIMERA - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2022/C 2/44)

Language of the case: English

Parties

Applicant: Stada Arzneimittel AG (Bad Vilbel, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)

Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, A. Folliard-Monguiral and D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Pfizer Inc. (New York, New York, United States) (represented by: V. von Bomhard, J. Fuhrmann and P.-F. Karamolegkou, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 16 June 2020 (Case R 1877/2019-4), relating to opposition proceedings between Pfizer and Stada Arzneimittel.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Stada Arzneimittel AG to pay the costs.

(1) OJ C 339, 12.10.2020.
Official Journal of the European Union

Judgment of the General Court of 20 October 2021 — Yadex International v EUIPO — Sütas Süt Ürünleri (PINAR Tam kivaminda Süzme Peynir Yumusacik ve Leziz)

(Case T-560/20) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark PINAR Tam kivaminda Süzme Peynir Yumusacik ve Leziz - Earlier international figurative mark Süzme Peynir - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2021/C 502/39)

Language of the case: English

Parties

Applicant: Yadex International GmbH (Frankfurt am Main, Germany) (represented by: N. Johnson, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sütas Süt Ürünleri AS (Bursa, Turkey) (represented by: O. Ruhl, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 2 July 2020 (Case R 2126/2019-1), relating to opposition proceedings between Sütas Süt Ürünleri and Yadex International.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Yadex International GmbH to pay the costs.

(1) OJ C 371, 3.11.2020.
Official Journal of the European Union

Judgment of the General Court of 17 November 2021 — Guasch Pubill v EUIPO — Nap-Kings (Table linen)

(Case T-538/20) (1)

(Community design - Invalidity proceedings - Registered Community design representing table linen - Disclosure of earlier design - Article 7 of Regulation (EC) No 6/2002 - Ground for invalidity - No individual character - Article 6 and Article 25(1)(b) of Regulation No 6/2002 - Inadmissibility of the application for a declaration of invalidity - Article 52(3) of Regulation No 6/2002)

(2022/C 24/41)

Language of the case: Spanish

Parties

Applicant: Marcos Guasch Pubill (Barcelona, Spain) (represented by: R. Guerras Mazón and M. Centell Ribas, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Nap-Kings, SL (Madrid, Spain) (represented by: A. Otero Iglesias, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 23 June 2020 (Case R 1051/2019-3), relating to invalidity proceedings between Nap-Kings and Mr Guasch Pubill.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Marcos Guasch Pubill to pay the costs.

(1) OJ C 359, 26.10.2020.
Official Journal of the European Union

Judgment of the General Court of 10 November 2021 — VF International v EUIPO — National Geographic Society (NATIONAL GEOGRAPHIC)

(Case T-518/20) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark NATIONAL GEOGRAPHIC - Earlier non-registered mark GEOGRAPHIC - Relative ground for refusal - Use in the course of trade of a sign of more than mere local significance - Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001))

(2022/C 24/40)

Language of the case: English

Parties

Applicant: VF International Sagl (Stabio, Switzerland) (represented by: T. van Innis and A. Van der Planken, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: National Geographic Society (Washington, District of Columbia, United States) (represented by: S. Malynicz QC, and C. de Haas, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 21 May 2020 (Case R 1664/2019-1), relating to invalidity proceedings between VF International and National Geographic Society.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders VF International Sagl to pay the costs.

(1) OJ C 339, 12.10.2020.