do-me/EUR-LEX huggingface dataset:
Case T-301/09: Judgment of the General Court of 26 September 2012 — IG Communications Ltd v OHIM — Citigroup and Citibank (CITIGATE) (Community trade mark — Opposition proceedings — Application for Community word mark CITIGATE — Earlier national and Community word and figurative marks containing the element ‘citi’ — Relative grounds for refusal — Likelihood of confusion — Family of trade marks — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation No 207/2009)
Date: 2012-09-26
Institutions: General Court
Subjects: EU trade mark, financial services, registered trade mark, trade-mark law








C_2012343EN.01001203.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/12





Judgment of the General Court of 26 September 2012 — IG Communications Ltd v OHIM — Citigroup and Citibank (CITIGATE)
(Case T-301/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CITIGATE - Earlier national and Community word and figurative marks containing the element ‘citi’ - Relative grounds for refusal - Likelihood of confusion - Family of trade marks - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation No 207/2009)
2012/C 343/17
Language of the case: English

Parties


Applicant: IG Communications Ltd (London, United Kingdom) (represented by: M. Edenborough QC and R. Beard, Solicitor)

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

Other parties to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Citigroup, Inc. (New York, New York, United States); and Citibank, NA (New York) (represented: initially by V. von Bomhard, A. Renck, lawyers, and H. O’Neill, Solicitor, and subsequently by V. von Bomhard and A. Renck)

Re:

Action against the decision of the First Board of Appeal of OHIM of 30 April 2009 (Case R 821/2005-1) concerning opposition proceedings between Citigroup, Inc. and Citibank, NA, on the one hand, and IG Communications Ltd on the other.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders IG Communications Ltd to pay the costs.






(1)  OJ C 244, 10.10.2009.
Prior notification of a concentration (Case COMP/M.6684 — Vivescia/Atrixo) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-09-26
Institutions: European Commission
Subjects: cereals, economic concentration, food industry, marketing, merger control, oleaginous plant








C_2012290EN.01000501.xml










26.9.2012   


EN


Official Journal of the European Union


C 290/5





Prior notification of a concentration
(Case COMP/M.6684 — Vivescia/Atrixo)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 290/04






1.


On 19 September 2012, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the Vivescia Group (‘Vivescia’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the Nutrixo Group (‘Nutrixo’), which it already jointly controls with Atrixo (France), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Vivescia: marketing of oilseeds and protein crops, cereal processing (malting, corn processing, starch-glucose production, animal nutrition and biofuel), marketing of agricultural inputs (feedingstuffs, inputs for mixed cropping and wine-growing),










—


Nutrixo: milling (manufacture of common wheat flour), manufacture of semolina, marketing of bakery products, pastries, industrial confectionery and catering products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6684 — Vivescia/Atrixo, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Corrigendum to the Council Decision of 24 September 2012 adopting the Council position on draft amending budget No 4 of the European Union for the financial year 2012 ( OJ C 288, 25.9.2012 )
Date: 2012-09-26
Institutions: Council of the European Union
Subjects: amending budget, draft budget (EU), general budget (EU)








C_2012290EN.01001401.xml










26.9.2012   


EN


Official Journal of the European Union


C 290/14





Corrigendum to the Council Decision of 24 September 2012 adopting the Council position on draft amending budget No 4 of the European Union for the financial year 2012
(
Official Journal of the European Union C 288 of 25 September 2012
)
2012/C 290/07
The Annex published on page 3 is to be considered null and void.
Acknowledgement of receipt of complaint No CHAP/2012/2289
Date: 2012-09-26
Institutions: European Commission
Subjects: Spain, complaint to the Commission, recognition of vocational training qualifications, technical profession








C_2012290EN.01000601.xml










26.9.2012   


EN


Official Journal of the European Union


C 290/6





Acknowledgement of receipt of complaint No CHAP/2012/2289
2012/C 290/05






1.


The European Commission has received and registered under number CHAP/2012/2289 a number of complaints concerning the regulation in Spain of the profession of technical designer (‘delineante’).










2.


Given the significant number of complaints it has received on this subject, the Commission, anxious to respond swiftly and to inform those concerned while making the most economical use of its administrative resources, is publishing this acknowledgment of receipt in the Official Journal of the European Union and on the Internet at:
http://ec.europa.eu/community_law/complaints/receipt/index_en.htm










3.


The complaint is currently being examined by the Commission in the light of Directive 2005/36/EC on the recognition of professional qualifications, transposed into Spanish law by Royal Decree No 1837/2008.










4.


The complainants will be informed, through the same channels, of the results of this examination and of any follow-up action that the Commission may decide to take.
Case T-425/12: Action brought on 26 September 2012 — Sport Eybl & Sports Experts v OHIM — Elite Licensing (e)
Date: 2012-09-26
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports equipment, trade-mark law








C_2012355EN.01003602.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/36





Action brought on 26 September 2012 — Sport Eybl & Sports Experts v OHIM — Elite Licensing (e)
(Case T-425/12)
2012/C 355/76
Language in which the application was lodged: German

Parties


Applicant: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: B. Gumpoldsberger, lawyer)

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

Other party to the proceedings before the Board of Appeal: Elite Licensing Company SA (Fribourg, Switzerland)

Form of order sought

The applicant claims that the Court should:






—


annul the part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 June 2012 in Case R 881/2011-1 with which the opponent’s appeal was upheld and the registration of the Community trade mark applied for by the applicant in respect of Classes 9, 12, 18, 22, 25 and 28 was refused; and










—


order the defendant to pay the costs incurred by the applicant.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark including the letter ‘e’ for goods and services in Classes 9, 12, 18, 22, 25, 28 and 42 — Community trade mark application No 6 220 421

Proprietor of the mark or sign cited in the opposition proceedings: Elite Licensing Company SA

Mark or sign cited in opposition: the national, international and Community figurative mark including the letter ‘e’ for goods and services in Classes 3, 5, 8, 9, 10, 11, 12, 14, 16, 18, 20, 21, 24, 25, 26, 28, 32, 35, 38, 41, 43 and 44

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was upheld in part

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Case T-265/09: Judgment of the General Court of 26 September 2012 — Serrano Aranda v OHIM — Burg Groep (LE LANCIER) (Community trade mark — Opposition proceedings — Application for Community word mark LE LANCIER — Earlier national word and figurative marks EL LANCERO — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Opposition dismissed)
Date: 2012-09-26
Institutions: General Court
Subjects: EU trade mark, agri-foodstuffs, registered trade mark, trade-mark law








C_2012343EN.01001202.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/12





Judgment of the General Court of 26 September 2012 — Serrano Aranda v OHIM — Burg Groep (LE LANCIER)
(Case T-265/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark LE LANCIER - Earlier national word and figurative marks EL LANCERO - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Opposition dismissed)
2012/C 343/16
Language of the case: Dutch

Parties


Applicant: Enrique Serrano Aranda (Murcia, Spain) (represented: initially by J. Calderón Chavero and T. Villate Consonni, then J. Calderón Chavero, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by W. Verberg and S. Bonne, then S. Bonne, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Burg Groep BV (Bergen, Netherlands)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 March 2009 (Case R 366/2008-1), relating to opposition proceedings between Mr Enrique Serrano Aranda and Burg Groep BV.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Enrique Serrano Aranda to pay the costs.






(1)  OJ C 205, 29.8.2009.
Case T-422/12: Action brought on 26 September 2012 — Kappa Filter Systems v OHIM (THE FUTURE HAS ZERO EMISSIONS)
Date: 2012-09-26
Institutions: General Court
Subjects: EU trade mark, air conditioning, air quality, registered trade mark, trade-mark law








C_2012355EN.01003502.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/35





Action brought on 26 September 2012 — Kappa Filter Systems v OHIM (THE FUTURE HAS ZERO EMISSIONS)
(Case T-422/12)
2012/C 355/74
Language of the case: German

Parties


Applicant: Kappa Filter Systems GmbH (Steyr-Gleink, Austria) (represented by C. Hadeyer, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2012 in Case R 817/2012-4;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘THE FUTURE HAS ZERO EMISSIONS’ for goods and services in Classes 9, 11 and 37 — Community trade mark application No 010139749

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009
Case T-583/10: Order of the General Court of 26 September 2012 — Deutsche Telekom v OHIM TeliaSonera Denmark (Nuance de magenta)
Date: 2012-09-26
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telecommunications industry, trade-mark law








C_2012355EN.01003702.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/37





Order of the General Court of 26 September 2012 — Deutsche Telekom v OHIM TeliaSonera Denmark (Nuance de magenta)
(Case T-583/10) (1)

2012/C 355/78
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 55, 19.2.2011.
Euro exchange rates
Date: 2012-09-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2012290EN.01000201.xml










26.9.2012   


EN


Official Journal of the European Union


C 290/2





Euro exchange rates (1)

25 September 2012
2012/C 290/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2932




JPY


Japanese yen


100,57




DKK


Danish krone


7,4565




GBP


Pound sterling


0,79650




SEK


Swedish krona


8,4725




CHF


Swiss franc


1,2092




ISK


Iceland króna


 




NOK


Norwegian krone


7,4000




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,921




HUF


Hungarian forint


283,33




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6962




PLN


Polish zloty


4,1380




RON


Romanian leu


4,5105




TRY


Turkish lira


2,3194




AUD


Australian dollar


1,2393




CAD


Canadian dollar


1,2677




HKD


Hong Kong dollar


10,0266




NZD


New Zealand dollar


1,5684




SGD


Singapore dollar


1,5860




KRW


South Korean won


1 447,36




ZAR


South African rand


10,5973




CNY


Chinese yuan renminbi


8,1566




HRK


Croatian kuna


7,4475




IDR


Indonesian rupiah


12 386,15




MYR


Malaysian ringgit


3,9714




PHP


Philippine peso


54,000




RUB


Russian rouble


40,1090




THB


Thai baht


39,999




BRL


Brazilian real


2,6192




MXN


Mexican peso


16,6079




INR


Indian rupee


68,9470






(1)  Source: reference exchange rate published by the ECB.
Case T-269/10: Judgment of the General Court of 26 September 2012 — LIS v Commission (Dumping — Importation of compact fluorescent lamps with integrated electronic ballast originating in China — Request for reimbursement of duties collected — Article 11(8) of Regulation (EC) No 384/96 (now Article 11(8) of Regulation (EC) No 1225/2009) — Conditions — Evidence)
Date: 2012-09-26
Institutions: General Court
Subjects: China, anti-dumping duty, dumping, electronic device, import (EU), lighting equipment, originating product








C_2012343EN.01001403.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/14





Judgment of the General Court of 26 September 2012 — LIS v Commission
(Case T-269/10) (1)

(Dumping - Importation of compact fluorescent lamps with integrated electronic ballast originating in China - Request for reimbursement of duties collected - Article 11(8) of Regulation (EC) No 384/96 (now Article 11(8) of Regulation (EC) No 1225/2009) - Conditions - Evidence)
2012/C 343/22
Language of the case: German

Parties


Applicant: LIS GmbH Licht Impex Service (Mettmann, Germany) (represented by: K.-P. Langenkamp, G. Hebrant and G. Holler, lawyers)

Defendant: European Commission (represented by: H. van Vliet and T. Maxian Rusche, agents)

Re:

Action for annulment of Commission Decision C(2010) 2198 final of 12 April 2010 concerning requests for reimbursement of anti-dumping duties paid in respect of the importation of compact fluorescent lamps with integrated electronic ballast originating in the People’s Republic of China.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders LIS GmbH Licht Impex Service to pay the costs.






(1)  OJ C 234, 28.8.2010.
Case T-428/12: Action brought on 26 September 2012 — Banco Bilbao Vizcaya Argentaria v OHIM (VALORES DE FUTURO)
Date: 2012-09-26
Institutions: General Court
Subjects: EU trade mark, bank, infringement of EU law, issue of securities, registered trade mark, trade-mark law








C_2012366EN.01003701.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/37





Action brought on 26 September 2012 — Banco Bilbao Vizcaya Argentaria v OHIM (VALORES DE FUTURO)
(Case T-428/12)
2012/C 366/75
Language of the case: Spanish

Parties


Applicant: Banco Bilbao Vizcaya Argentaria, SA (Bilbao, Spain) (represented by J. de Oliveira Vaz Miranda Sousa and N. González-Alberto Rodríguez, lawyers)

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

Form of order sought

The applicant claims that the Court should:






—


annul the part of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 July 2012 in Case R 2299/2011-2 which confirms the refusal to register Community trade mark No 9 408 758; and










—


order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: word mark ‘VALORES DE FUTURO’ for goods and services in Classes 16, 36 and 41 — Community trade mark application No 9 408 758

Decision of the Examiner: rejection in part of the application for registration

Decision of the Board of Appeal: appeal dismissed

Pleas in law:







—


Infringement of Article 7(1)(c) of Regulation No 207/2009










—


Infringement of Article 7(1)(b) of Regulation No 207/2009
Case T-84/09: Judgment of the General Court of 26 September 2012 — Italy v Commission (EAGGF — Guarantee Section — Expenditure excluded from financing — Provision of information and promotion of agricultural products — Production of olive oil and table olives — Late payment)
Date: 2012-09-26
Institutions: General Court
Subjects: EAGGF Guarantee Section, agricultural product, consumer information, deadline for payment, olive, olive oil, sales promotion








C_2012343EN.01001201.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/12





Judgment of the General Court of 26 September 2012 — Italy v Commission
(Case T-84/09) (1)

(EAGGF - Guarantee Section - Expenditure excluded from financing - Provision of information and promotion of agricultural products - Production of olive oil and table olives - Late payment)
2012/C 343/15
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: L. Ventrella and G. Palmieri, avvocati dello Stato)

Defendant: European Commission (represented by: F. Jimeno Fernández and P. Rossi, Agents)

Re:

Application for annulment of Commission Decision 2008/960/EC of 8 December 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2008 L 340, p. 99), as far as it excludes certain expenditure incurred by the Italian Republic.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 90, 18.4.2009.
Case C-433/12 P: Appeal brought on 26 September 2012 by Luigi Marcuccio against the order of the General Court (Second Chamber) delivered on 3 July 2012 in Case T-27/12 Marcuccio v Court of Justice
Date: 2012-09-26
Institutions: Court of Justice
Subjects: disability insurance, indemnification








C_2012355EN.01001301.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/13





Appeal brought on 26 September 2012 by Luigi Marcuccio against the order of the General Court (Second Chamber) delivered on 3 July 2012 in Case T-27/12 Marcuccio v Court of Justice
(Case C-433/12 P)
2012/C 355/22
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (represented by: G. Cipressa, lawyer)

Other party to the proceedings: Court of Justice of the European Union

Form of order sought







—


Set aside in its entirety and without any exception the order of the General Court of 3 July 2012 in Case T-27/12;










—


order the Court of Justice to pay the costs incurred by the appellant relating to the proceedings at first instance and the appeal proceedings and allow in its entirety and without any exception whatsoever the relief sought in the main body of the application at first instance;










—


in the alterntive, refer the case back to the General Court for a fresh decision on the substance.





Pleas in law and main arguments

The order under appeal is clearly defective on account of a total failure to state reasons, unreasonableness, illogicality and distortion of the facts. The General Court erred in classifying certain letters sent by the appellant to the First Advocate General of the Court of Justice as requests for review within the meaning of Article 256(2) TFEU.