do-me/EUR-LEX huggingface dataset:
Case T-349/12: Action brought on 1 August 2012 — Leiner v OHIM — Recaro (REVARO)
Date: 2012-08-01
Institutions: General Court
Subjects: EU trade mark, driving mechanism, registered trade mark, trade-mark law








C_2012287EN.01003901.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/39





Action brought on 1 August 2012 — Leiner v OHIM — Recaro (REVARO)
(Case T-349/12)
2012/C 287/70
Language in which the application was lodged: German

Parties


Applicant: Rudolf Leiner GmbH (Sankt Pölten, Austria) (represented by: W. Emberger, I. Rudnay and L. Emberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Recaro Beteiligungs-GmbH (Kaiserslautern, Germany)

Form of order sought







—


Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 May 2012 in Case R 482/2011-1 so as to allow the appeal or, alternatively, annul the decision;










—


order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Rudolf Leiner GmbH

Community trade mark concerned: Figurative mark containing the word element ‘REVARO’, for goods in Classes 11, 20 and 24

Proprietor of the mark or sign cited in the opposition proceedings: Recaro Beteiligungs-GmbH

Mark or sign cited in opposition: International registration ‘RECARO’ for goods in Classes 10, 12, 14, 20, 25 and 28

Decision of the Opposition Division: Opposition allowed

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009
Case F-83/12: Action brought on 1 August 2012 — ZZ and Others v EIB
Date: 2012-08-01
Institutions: Civil Service Tribunal
Subjects: damages, indemnification, pay








C_2012295EN.01003403.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/34





Action brought on 1 August 2012 — ZZ and Others v EIB
(Case F-83/12)
2012/C 295/61
Language of the case: French

Parties


Applicants: ZZ and Others (represented by: L. Levi, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

First, annulment of the decisions to distribute awards to the applicants pursuant to the new performance system resulting from the decision of 14 December 2010 of the Board of Directors and the decisions of 9 November 2010 and 16 November 2011 of the Management Committee and, second, subsequent application for the defendant to be ordered to pay the difference in remuneration, and damages.

Form of order sought







—


Annul the decisions to distribute awards to the applicants pursuant to the new performance system resulting from the Board of Directors’ decision of 14 December 2010 and the Management Committee’s decisions of 9 November 2010 and 16 November 2011, the individual award decision being contained in the April 2012 notice, brought to the attention of the persons concerned on 22 April 2012 at the earliest;










—


consequently,






—


order the defendant to pay the difference between the remuneration resulting from the Board of Directors’ decision of 14 December 2010 and the decisions of 9 November 2010 and 16 November 2011, and that paid in application of the preceding bonus system, with interest on arrears to be added to that difference in remuneration with effect from 22 April 2012 until full payment, the rate of interest being the ECB rate, increased by three percentage points;










—


order the defendant to pay damages for the loss suffered by reason of the loss of purchasing power, such loss being assessed equitably, and on a provisional basis, at 1.5% of the monthly remuneration of each applicant;














—


order the EIB to pay the costs.