do-me/EUR-LEX huggingface dataset:
Case T-392/12: Action brought on 3 September 2012 — Luigi Lavazza SpA v OHIM
Date: 2012-09-03
Institutions: General Court
Subjects: EU trade mark, coffee, registered trade mark, trade-mark law








C_2012331EN.01002902.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/29






Action brought on 3 September 2012 — Luigi Lavazza SpA v OHIM
(Case T-392/12)
(2012/C 331/56)
Language in which the application was lodged: Italian

Parties


Applicant: Luigi Lavazza SpA (Turin, Italy) (represented by: A. Vanzetti, G.E. Sironi, M. Ricolfi and C.E. Mezzetti, lawyers)

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

Other party to the proceedings before the Board of Appeal: Commercialunione Prima Srl (Bresso, Italy)

Form of order sought







—


uphold the action and annul the decision of the First Board of Appeal of 26 June 2012 in Case R 124/2011-1, on grounds of infringement of Article 8(1)(b) of Regulation No 207/2009;










—


reject the opposition of Commercialunione Prima Srl to the European Union-wide registration of international trade mark No W000943981 ‘Lavazza a modo mio’ and, consequently, grant the same scope of registration;










—


order that the costs borne by Luigi Lavazza SpA in the proceedings be fully awarded in its favour.





Pleas in law and main arguments


Applicant for a Community trade mark: Luigi Lavazza SpA

Community trade mark concerned: Figurative mark ‘LAVAZZA A MODO MIO’ for goods and services in Classes 11, 29, 30 and 43 — International registration for European Union No W00 943 981

Proprietor of the mark or sign cited in the opposition proceedings: Commercialunione Prima Srl

Mark or sign cited in opposition: National figurative marks ‘A MODO MIO’, ‘la PIZZA A MODO MIO’ and ‘A MODO MIO BIRRA & MUSIC’ for services in Class 42

Decision of the Opposition Division: Action partially upheld

Decision of the Board of Appeal: The Board of Appeal took note of the withdrawal of the application for registration of ‘LAVAZZA A MODO MIO’ for Class 43 only and dismissed the action as to the remainder

Pleas in law: Infringement of Article 8(1)(b) and the second part of Article 76(1) of Regulation No 207/2009
Case F-91/12: Action brought on 3 September 2012 — ZZ v Commission
Date: 2012-09-03
Institutions: Civil Service Tribunal
Subjects: European civil service, transfer of pension rights








C_2012331EN.01003302.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/33






Action brought on 3 September 2012 — ZZ v Commission
(Case F-91/12)
(2012/C 331/63)
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis, E. Marchal and S. Orlandi, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Action for annulment of the decision to calculate the entitlement to pension rights acquired before the entry into service on the basis of the general implementing provisions for Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011.

Form of order sought







—


annul the decision to calculate the entitlement to pension rights acquired before the entry into service on the basis of the general implementing provisions for Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;










—


order the Commission to pay the costs.
Case C-407/12: Action brought on 3 September 2012 — European Commission v Republic of Slovenia
Date: 2012-09-03
Institutions: Court of Justice
Subjects: Slovenia, administrative sanction, infringement of EU law, national implementing measure, periodic penalty payment, telecommunications, universal service








C_2012331EN.01001601.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/16






Action brought on 3 September 2012 — European Commission v Republic of Slovenia
(Case C-407/12)
(2012/C 331/25)
Language of the case: Slovene

Parties


Applicant: European Commission (represented by P. Hetsch, L. Nicolae and M. Žebre, acting as Agents)

Defendant: Republic of Slovenia

Form of order sought

The Commission claims that the Court should:






—


Declare that, by failing to adopt all the laws and other measures necessary to transpose Directive 2009/140/EC (1) of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC (2) on a common regulatory framework for electronic communications networks and services, 2002/19/EC (3) on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC (4) on the authorisation of electronic communications networks and services or, in any case, by failing to notify the Commission of such provisions, the Republic of Slovenia has failed to fulfil its obligations under Article 5 of that directive;










—


order the Republic of Slovenia, pursuant to Article 260(3) TFEU, to make a penalty payment in the sum of EUR 6 531,84 a day, from the day of delivery of judgment in this case, on the grounds of its failure to fulfil its obligation to notify all measures for the transposition of Directive 2009/136/EC;










—


order the Republic of Slovenia to pay the costs.





Pleas in law and main arguments

The period prescribed for transposition of that directive expired on 25 May 2011.


(1)  OJ 2009 L 337, p. 37.

(2)  OJ 2002 L 108, p. 33.

(3)  OJ 2002 L 108, p. 7.

(4)  OJ 2002 L 108, p. 21.