ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 68/26

Judgment of the General Court of 10 December 2015 — Front Polisario v Council

(Case T-512/12) (1)

((External relations - Agreement in the form of an Exchange of Letters between the European Union and Morocco - Reciprocal liberalisation of agricultural products, processed agricultural products, fish and fishery products - Application of the Agreement to the territory of Western Sahara - Front Polisario - Action for annulment - Capacity to bring proceedings - Direct and individual concern - Admissibility - Compliance with international law - Obligation to state reasons - Rights of the defence))

(2016/C 068/33)

Language of the case: French

Parties

Applicant: Front populaire pour la libération de la saguia-el-hamra et du rio de oro (Front Polisario) (represented initially by C.-E. Hafiz and G. Devers, and subsequently by G. Devers, lawyers)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou, A. Westerhof Löfflerová and N. Rouam, acting as Agents)

Intervener in support of the defendant: European Commission (represented initially by F. Castillo de la Torre, E. Paasivirta and D. Stefanov, and subsequently by F. Castillo de la Torre and E. Paasivirta, acting as Agents)

Re:

Action for annulment of Council Decision 2012/497/EU of 8 March 2012 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products, the replacement of Protocols 1, 2 and 3 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ 2012 L 241, p. 2).

Operative part of the judgment

The Court:

1. Annuls Council Decision 2012/497/EU of 8 March 2012 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products, the replacement of Protocols 1, 2 and 3 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, in so far as it approves the application of the Agreement to the territory of Western Sahara;

2. Orders the Council of the European Union and the European Commission to each bear their own costs and to pay those incurred by the Front populaire pour la libération de la saguia-el-hamra et du rio de oro (Front Polisario).

(1) OJ C 55, 23.2.2013.
EN Official Journal of the European Union C 245/12

Judgment of the General Court of 11 June 2014 — Communicaid Group Ltd v European Commission

(Case T-4/13) (1)

((Public service contracts - Tendering procedure - Provision of language-training services for staff of the institutions, bodies and agencies of the European Union in Brussels - Rejection of tenders submitted by the applicant - Principle of transparency - Non-discrimination - Equal treatment - Article 94 of the Financial Regulation - Selection criteria - Obligation to state reasons - Award criteria - Manifest error of assessment))

2014/C 245/16

Language of the case: English

Parties

Applicants: Communicaid Group Ltd (London, United Kingdom) (represented by: C. Brennan, Solicitor, F. Randolph QC, and M. Gray, Barrister)

Defendant: European Commission (represented by: S. Delaude and S. Lejeune Agents, assisted by P. Wytinck and B. Hoorelbeke, lawyers)

Re:

Application for the annulment, in whole or in part, of the decisions by which the Commission refused to rank Communicaid Group Ltd in first place for Lots 1, 2, 4, 7, 8 and 9 of the Call for Tenders HR/R3/PR/2012/002 relating to framework agreements for the provision of language training for staff of the institutions, bodies and agencies of the European Union in Brussels (Belgium)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Communicaid Group Ltd to pay the costs, including those incurred in the proceedings for interim measures.

(1) OJ C 71, 9.3.2013.
EN Official Journal of the European Union C 175/40

Judgment of the General Court of 11 April 2014 — Olive Line International v OHIM (OLIVE LINE)

(Case T-209/13) (1)

((Community trade mark - Application for registration of the Community figurative mark OLIVE LINE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

2014/C 175/54

Language of the case: Spanish

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (represented by: M. Aznar Alonso, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: Ó. Mondéjar Ortuño, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 January 2013 (Case R 1447/2012-1) concerning an application for registration of the figurative sign OLIVE LINE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Olive Line International, SL to pay the costs.

(1) OJ C 178, 22.6.2013
EN Official Journal of the European Union C 380/9

Judgment of the General Court of 11 September 2014 — El Corte Inglés v OHIM — Baumarkt Praktiker Deutschland (PRO OUTDOOR)

(Case T-127/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark PRO OUTDOOR - Earlier Community figurative mark OUTDOOR garden barbecue camping - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Subject-matter of the proceedings before the Board of Appeal - Articles 60 and 64(1) of Regulation No 207/2009))

2014/C 380/11

Language of the case: Spanish

Parties

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

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: Baumarkt Praktiker Deutschland GmbH (Hamburg, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 December 2012 (Case R 1900/2011-2), relating to opposition proceedings between Baumarkt Praktiker Deutschland GmbH and El Corte Inglés, 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 11 December 2012 (Case R 1900/2011-2), relating to opposition proceedings between Baumarkt Praktiker Deutschland GmbH and El Corte Inglés, SA, in so far as the Board of Appeal did not rule on the claims of El Corte Inglés, SA regarding the likelihood of confusion between the marks at issue in relation to the goods at issue other than ‘data processing equipment and computers’ in Class 9;

2. dismisses the action as to the remainder;

3. orders OHIM and El Corte Inglés, SA to bear their own costs.

(1) OJ C 129, 4.5.2013.
EN Official Journal of the European Union C 292/41

Judgment of the General Court of 16 July 2014 — Langguth Erben v OHIM (Shape of an alcoholic beverage bottle)

(Case T-66/13) (1)

((Community trade mark - Application for a three-dimensional Community trade mark - Shape of an alcoholic beverage bottle - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and (2), Article 75, Article 76(1) and Article 77 of Regulation (EC) No 207/2009))

2014/C 292/50

Language of the case: German

Parties

Applicant: Franz Wilhelm Langguth Erben GmbH & Co. KG (Traben-Trarbach, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 November 2012 (Case R 129/2012-1), concerning an application for registration of a three-dimensional sign comprising the shape of an alcoholic beverage bottle as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Franz Wilhelm Langguth Erben GmbH & Co. KG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 108, 13.4.2013.
EN Official Journal of the European Union C 409/36

Judgment of the General Court of 8 October 2014 — Laboratoires Polive v OHIM — Arbora & Ausonia (dodie)

(Cases T-122/13 and T-123/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark dodie - Earlier national word marks DODOT - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 409/52

Language of the case: English

Parties

Applicant: Laboratoires Polive (Levallois-Perret, France) (represented by: A. Sion, 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, intervener before the General Court: Arbora & Ausonia, SLU (Barcelona, Spain) (represented by: R. Guerras Mazón, lawyer)

Re:

Two actions brought against two decisions of the Second Board of Appeal of OHIM of 28 November 2012 (Cases R 2324/2011-2 and R 2325/2011-2, respectively) relating to two sets of opposition proceedings between Arbora & Ausonia, SLU and Laboratoires Polive.

Operative part of the judgment

The Court:

1. Joins Cases T-122/13 and T-123/13 for the purposes of the judgment;

2. Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 November 2012 (Cases R 2324/2011-2 and R 2325/2011-2);

3. Orders OHIM to bear its own costs and to pay those incurred by Laboratoires Polive;

4. Orders Arbora & Ausonia, SLU to bear its own costs.

(1) OJ C 123, 27.4.2013.
Judgment of the General Court of 1 October 2014 — Italy v Commission

(Case T-256/13) (1)

((Social policy - Community action programmes in the field of youth - Partial reimbursement of the funding paid - Ineligibility of certain sums - Exceeding of the upper limit provided for in respect of a category of actions - Implementation by the national agencies of procedures to recover the sums wrongly used from the final beneficiaries))

(2014/C 395/54)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by W. Ferrante, lawyer)

Defendant: European Commission (represented by: C. Cattabriga, acting as Agent)

Re:

Application for annulment, first, of the letter of the Commission Ares (2013) 237719 of 22 February 2013, addressed to the Agenzia nazionale per i giovani (National Youth Agency, Italy), which announces the issue of a debit note in respect of a total amount of EUR 1 486 485.90, in so far as that figure includes an amount of EUR 52 036.24 for expenses borne in respect of training activities relating to the European Voluntary Service and an amount of EUR 183 729,72, in respect of sums not recovered by the Agenzia nazionale per i giovani from the final beneficiaries as regards the period from 2000 to 2004, and, secondly, of the letter of the Commission Ares (2013) 267064 of 28 February 2013, addressed to the Dipartimento della gioventù e del servizio civile nazionale (Department for Youth and the national civil service, Italy), communicating the final evaluation conclusions from the declaration of assurance and the conclusions on the annual report of that agency in respect of 2011.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 178, 22.6.2013.
Official Journal of the European Union

Judgment of the General Court of 25 November 2014 — Verband der Kölnisch-Wasser Hersteller v OHIM (Original Eau de Cologne)

(Case T-556/13) (1)

(Community trade mark - Application for the Community collective word mark Original Eau de Cologne - Absolute grounds for refusal - Article 7(1)(b), (c) and (d) of Regulation (EC) No 207/2009)

(2015/C 016/57)

Language of the case: German

Parties

Applicant: Verband der Kölnisch-Wasser Hersteller eV (Cologne, Germany) (represented by: T. Schulte-Beckhausen, 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 Fourth Board of Appeal of OHIM of 21 August 2013 (Case R 2064/2012-14) concerning an application for registration of the word mark Original Eau de Cologne as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Verband der Kölnisch-Wasser Hersteller eV to pay the costs.

(1) OJ C 367, 14.12.2013.
EN Official Journal of the European Union C 448/20

Judgment of the General Court of 5 November 2014 — Commission v Thomé

(Case T-669/13) (1)

((Appeal - Civil Service - Officials - Recruitment - Notice of competition - Refusal to recruit - Existence of a degree that complies with the condition laid down in the notice of competition on account of a homologation - Financial and non-material damage))

(2014/C 448/26)

Language of the case: French

Parties

Appellant: European Commission (represented by: J. Currall and G. Gattinara, Agents)

Other party to the proceedings: Florence Thomé (Brussles, Belgium) (represented by: S. Orlandi, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 7 October 2013 in Case F-97/12 Thomé v Commission seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the European Commission to pay the costs.

(1) OJ C 52, 22.2.2014.
EN Official Journal of the European Union C 46/46

Judgment of the General Court of 12 December 2014 — Ludwig Schokolade v OHIM — Immergut (TrinkFix)

(Case T-105/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark TrinkFix - Earlier national and Community word marks Drinkfit - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009))

(2015/C 046/57)

Language of the case: German

Parties

Applicant: Ludwig Schokolade GmbH & Co. KG (Bergisch Gladbach, Germany) (represented by: S. Fischer and A. Brodkorb, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Immergut GmbH & Co. KG (Elsdorf, Germany) (represented by: G. Schoenen, V. Töbelmann and S. Frenz, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 13 December 2012 (affaire R 34/2012-1), concerning opposition proceedings between Immergut GmbH & Co. KG and Ludwig Schokolade GmbH & Co. KG.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Ludwig Schokolade GmbH & Co. KG to pay the costs.

(1) OJ C 108, 13.4.2013.
EN Official Journal of the European Union C 34/37

Judgment of the General Court of 11 December 2014 — Nanu-Nana Joachim Hoepp v OHIM — Vincci Hoteles (NAMMU)

(Case T-498/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark NAMMU - Relative ground for refusal - Proof of genuine use of the earlier mark - Article 57(2) and (3) of Regulation (EC) No 207/2009 and Rule 22(2) to (4) of Regulation (EC) No 2868/95))

(2015/C 034/43)

Language of the case: English

Parties

Applicant: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: A. Nordemann, T. Boddien, and M. Maier, lawyers)

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: Vincci Hoteles SA (Alcobendas, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 June 2013 (Case R 611/2012-1) concerning invalidity proceedings between Nanu-Nana Joachim Hoepp GmbH & Co. KG and Vincci Hoteles SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nanu-Nana Joachim Hoepp GmbH & Co. KG to pay the costs.

(1) OJ C 344, 23.11.2013.
EN Official Journal of the European Union C 81/17

Judgment of the General Court of 22 January 2015 — Novomatic v OHIM — Simba Toys (AFRICAN SIMBA)

(Case T-172/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark AFRICAN SIMBA - Earlier national figurative mark Simba - Relative ground for refusal - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009 - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))

(2015/C 081/21)

Language of the case: German

Parties

Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl and C. Sachs, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2013 (Case R 157/2012-4) relating to opposition proceedings between Simba Toys GmbH & Co. KG and Novomatic AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Novomatic AG to pay the costs.

(1) OJ C 141, 18.5.2013.
EN Official Journal of the European Union C 65/32

Judgment of the General Court of 14 January 2015 — Gossio v Council

(Case T-406/13) (1)

((Common Foreign and Security Policy - Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire - Freezing of funds - Misuse of power - Manifest error of assessment - Fundamental Rights))

(2015/C 065/45)

Language of the case: French

Parties

Applicant: Marcel Gossio (Abidjan, Ivory Coast) (represented by: S. Zokou, lawyer)

Defendant: Council of the European Union (represented by: B. Driessen and G. Étienne, acting as Agents)

Re:

Application for annulment, first, of Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire (OJ 2005 L 95, p. 1), Council Decision 2010/656/CFSP of 29 October 2010 renewing the restrictive measures against Côte d’Ivoire (OJ 2010 L 285, p. 28), and Council Implementing Decision 2012/144/CFSP of 8 March 2012 implementing Decision 2010/656 (OJ 2012 L 71, p. 50) insofar as they concern the applicant, and, second, of the Council’s decision of 17 May 2013 to maintain the restrictive measures relating to the applicant.

Operative part of the judgment

The Court:

1. annuls Council Implementing Decision 2014/271/CFSP of 12 May 2014 implementing Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire and Council Implementing Regulation (EU) No 479/2014 of 12 May 2014 implementing Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire in so far as they relate to the applicant;

2. dismisses the action as to the remainder;

3. orders each party to bear its own costs.

(1) OJ C 313, 26.10.2013.
EN Official Journal of the European Union C 127/24

Judgment of the General Court of 4 March 2015 — Three-N-Products v OHIM — Munindra (PRANAYUR)

(Case T-543/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark PRANAYUR - Earlier Community word mark AYUR and earlier Community figurative marks Ayur, Ayur Naturals Herbals and Aanb - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 127/33)

Language of the case: English

Parties

Applicant: Three-N-Products Private Ltd (New Delhi, India) (represented by: N. Colombo, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Munindra Holding BV (Lelystad, Netherlands)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2013 (Case R 638/2012-4) relating to opposition proceedings between Three-N-Products Private Ltd and Munindra Holding BV.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Three-N-Products Private Ltd to pay the costs.

(1) OJ C 367, 14.12.2013.
EN Official Journal of the European Union C 96/15

Judgment of the General Court of 5 February 2015 — Red Bull v OHIM — Sun Mark (BULLDOG)

(Case T-78/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark BULLDOG - Earlier international and national word marks BULL and RED BULL - Relative grounds for refusal - Likelihood of confusion - Identical nature of the goods - Similarity of the signs - Conceptual similarity - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 8(5) of Regulation No 207/2009))

(2015/C 096/18)

Language of the case: English

Parties

Applicant: Red Bull GmbH (Fuschl am See, Austria) (represented: initially by A. Renck, T. Heitmann, lawyers, and I. Fowler, Solicitor, and subsequently by A. Renck and I. Fowler)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: F. Mattina, subsequently by P. Bullock and A. Schifko, acting as Agents, subsequently by D. Walicka and finally by M. Schifko)

Other party to the proceedings before the Board of Appeal of OHIM: Sun Mark Ltd (Middlesex, United Kingdom)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 November 2012 (Case R 107/2012-2), relating to opposition proceedings between Red Bull GmbH and Sun Mark Ltd.

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 16 November 2012 (Case R 107/2012-2), relating to opposition proceedings between Red Bull GmbH and Sun Mark Ltd;

2. Declares inadmissible Red Bull’s form of order requesting that Sun Mark be ordered to pay the costs

3. Orders OHIM to pay the costs.

(1) OJ C 108, 13.4.2013.