do-me/EUR-LEX huggingface dataset:
Case C-624/11 P: Order of the Court of 27 September 2012 — Brighton Collectibles, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Felmar (Appeal — Community trade mark — Regulations (EC) No 40/94 and (EC) No 207/2009 — Article 8(4) — Community word mark BRIGHTON — Opposition proceedings — Interpretation of the provisions of national law on relative grounds for refusal of registration)
Date: 2012-09-27
Institutions: Court of Justice
Subjects: EU trade mark, fancy leather goods and glove-making industry, national law, trade-mark law








C_2013101EN.01000402.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/4





Order of the Court of 27 September 2012 — Brighton Collectibles, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Felmar
(Case C-624/11 P) (1)

(Appeal - Community trade mark - Regulations (EC) No 40/94 and (EC) No 207/2009 - Article 8(4) - Community word mark BRIGHTON - Opposition proceedings - Interpretation of the provisions of national law on relative grounds for refusal of registration)
2013/C 101/08
Language of the case: French

Parties


Appellant: Brighton Collectibles, Inc. (represented by: J. Horn, avocat)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Felmar (represented by: A. Folliard-Monguiral, acting as Agent), Felmar (represented by: D. Monégier du Sorbier, avocat)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 27 September 2011 in Case T-403/10 Brighton Collectibles v OHIM — Felmar, by which the General Court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 30 June 2010 (Case R 408/2009-4) concerning opposition proceedings between Brighton Collectibles, Inc. and Felmar — Article 8(4) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Community word mark BRIGHTON — Opposition proceedings based on earlier national word and figurative marks — Failure to give sufficient reasons with regard to the national laws relied upon

Operative part of the order







1.


The appeal is dismissed.










2.


Brighton Collectibles, Inc. shall pay the costs.






(1)  OJ C 133, 5.5.2012.
Case F-103/12: Action brought on 27 September 2012 — ZZ v Europol
Date: 2012-09-27
Institutions: Civil Service Tribunal
Subjects: European civil service, Europol, enforcement of ruling, indemnification








C_2013026EN.01007001.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/70





Action brought on 27 September 2012 — ZZ v Europol
(Case F-103/12)
2013/C 26/141
Language of the case: Dutch

Parties


Applicant: ZZ (represented by: W.J. Dammingh and N.D. Dane, lawyers)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of Europol’s decision, taken to implement the judgment of the Civil Service Tribunal of 29 June 2010 in Case F-37/09 Doyle v Europol, by which Europol granted the applicant a lump sum by way of compensation for the harm caused to her by the decision annulled by that judgment

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the decision of 28 November 2011 by which the defendant awards the applicant EUR 3 000 in respect of compensation for the damage which she suffered, as full implementation of an earlier judgment of the Civil Service Tribunal, and the decision of 29 June 2012 by which the complaint brought by the applicant against the decision of 28 November 2011 was rejected;










—


order Europol to pay the costs, including the salary of the legal representative.
Case T-423/12: Action brought on 27 September 2012 — Skype v OHIM — British Sky Broadcasting and Sky IP International (skype)
Date: 2012-09-27
Institutions: General Court
Subjects: EU trade mark, high-definition television, registered trade mark, telecommunications, trade-mark law








C_2012355EN.01003601.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/36





Action brought on 27 September 2012 — Skype v OHIM — British Sky Broadcasting and Sky IP International (skype)
(Case T-423/12)
2012/C 355/75
Language in which the application was lodged: English

Parties


Applicant: Skype (Dublin, Ireland) (represented by: I. Fowler, Solicitor, J. Schmitt, lawyer, and J. Mellor, QC)

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

Other parties to the proceedings before the Board of Appeal: British Sky Broadcasting Group plc (Isleworth, United Kingdom); and Sky IP International Ltd (Isleworth)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 July 2012 in case R 1561/2010-4; and










—


Order that the costs of the proceedings be borne by the defendant.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘skype’, for goods and services in classes 9, 38 and 42 — Community trade mark application No 4546248

Proprietor of the mark or sign cited in the opposition proceedings: The other parties to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 3203411 for the word mark ‘SKY’, for inter alia goods and services in classes 9, 38, 41 and 42; United Kingdom trade mark registration No 2302176 E for the word mark ‘SKY’, for inter alia goods and services in classes 16, 35 and 38; United Kingdom trade mark registration No 2302176 B for the word mark ‘SKY’, for inter alia goods and services in classes 9, 41 and 42; Community trade mark registration No 1178409 of the figurative mark ‘sky’, for inter alia goods and services in classes 9, 38 and 42; Community trade mark registration No 1178540 of the figurative mark ‘sky’, for inter alia goods and services in classes 9, 38 and 42; Community trade mark registration No 3166337 of the figurative mark ‘sky’, for inter alia goods and services in classes 9, 38 and 42; Community trade mark registration No 3203619 of the figurative mark ‘sky’, for inter alia goods and services in classes 9, 38 and 42; United Kingdom trade mark ‘SKY’, for goods and services in classes 9, 16, 38, 41 and 42; Earlier non-registered trade mark, trade name and company name ‘SKY’ used in the course of trade in the United Kingdom, for goods and services in classes 9, 16, 38, 41 and 42

Decision of the Opposition Division: Upheld the opposition for all the contested goods and services

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Case T-355/06: Judgment of the General Court of 27 September 2012 — Koninklijke BAM Groep v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Duration of the infringement)
Date: 2012-09-27
Institutions: General Court
Subjects: Netherlands, bituminous materials, oil industry, price agreement, road building, unlawful agreement








C_2012355EN.01001603.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/16





Judgment of the General Court of 27 September 2012 — Koninklijke BAM Groep v Commission
(Case T-355/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Duration of the infringement)
2012/C 355/31
Language of the case: Dutch

Parties


Applicant: Koninklijke BAM Groep NV (Bunnik, Netherlands) (represented by: M. Biesheuvel and J. de Pree, lawyers)

Defendant: European Commission (represented by: A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents)

Re:

Application for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Koninklijke BAM Groep NV to pay the costs.






(1)  OJ C 20, 27.1.2007.
Case T-535/08: Judgment of the General Court of 27 September 2012 — Tuzzi fashion v OHIM — El Corte Inglés (Emidio Tucci) (Community trade mark — Opposition proceedings — Application for Community figurative mark Emidio Tucci — Earlier national word mark and international registration TUZZI — Earlier company name Tuzzi fashion GmbH — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Obligation to state reasons — Article 73 and Article 62(2) of Regulation No 40/94 (now Article 75 and Article 64(2) of Regulation No 207/2009) — Examination of the facts by the adjudicatory body of its own motion — Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) — Article 79 of Regulation No 40/94 (now Article 83 of Regulation No 207/2009)
Date: 2012-09-27
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012355EN.01002001.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/20





Judgment of the General Court of 27 September 2012 — Tuzzi fashion v OHIM — El Corte Inglés (Emidio Tucci)
(Case T-535/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Emidio Tucci - Earlier national word mark and international registration TUZZI - Earlier company name Tuzzi fashion GmbH - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Obligation to state reasons - Article 73 and Article 62(2) of Regulation No 40/94 (now Article 75 and Article 64(2) of Regulation No 207/2009) - Examination of the facts by the adjudicatory body of its own motion - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) - Article 79 of Regulation No 40/94 (now Article 83 of Regulation No 207/2009)
2012/C 355/40
Language of the case: Spanish

Parties


Applicant: Tuzzi fashion GmbH (Fulda, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: El Corte Inglés, SA (Madrid, Spain) (represented initially by J.L. Rivas Zurdo, E. López Camba and E. Seijo Veiguela and, subsequently, by J.L. Rivas Zurdo and E. Seijo Veiguela, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 September 2008 (Case R 1561/2007-2), relating to opposition proceedings between Tuzzi fashion GmbH and El Corte Inglés, SA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Tuzzi fashion GmbH to pay the costs.






(1)  OJ C 55, 7.3.2009.
Case T-344/06: Judgment of the General Court of 27 September 2012 — Total v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Fines — Gravity and duration of the infringement)
Date: 2012-09-27
Institutions: General Court
Subjects: Netherlands, bituminous materials, oil industry, price agreement, road building, unlawful agreement








C_2012355EN.01001402.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/14





Judgment of the General Court of 27 September 2012 — Total v Commission
(Case T-344/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Fines - Gravity and duration of the infringement)
2012/C 355/24
Language of the case: French

Parties


Applicant: Total SA (Courbevoie, France) (represented: initially by A. Lamothe, L. Godfroid and A. Gosset-Grainville, and subsequently by A. Lamothe, L. Godfroid and O. Prost, lawyers)

Defendant: European Commission (represented by: A. Bouquet and F. Castillo de la Torre, Agents)

Re:

Application, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Total SA to pay the costs.






(1)  OJ C 20, 27.1.2007.
Case F-105/12: Action brought on 27 September 2012 — ZZ v Europol
Date: 2012-09-27
Institutions: Civil Service Tribunal
Subjects: European civil service, Europol, enforcement of ruling, indemnification








C_2013026EN.01007003.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/70





Action brought on 27 September 2012 — ZZ v Europol
(Case F-105/12)
2013/C 26/143
Language of the case: Dutch

Parties


Applicant: ZZ (represented by: W.J. Dammingh and N.D. Dane, lawyers)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of Europol’s decision, taken to implement the judgment of the Civil Service Tribunal of 29 June 2010 in Case F-44/09 Knöll v Europol, by which Europol granted the applicant a lump sum by way of compensation for the harm caused to her by the decision annulled by that judgment

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the decision of 28 November 2011 by which the defendant awards the applicant EUR 20 000 in respect of compensation for the damage which she suffered, as full implementation of an earlier judgment of the Civil Service Tribunal, and the decision of 29 June 2012 by which the complaint brought by the applicant against the decision of 28 November 2011 was rejected;










—


order Europol to pay the costs, including the salary of the legal representative.
Case T-39/10: Judgment of the General Court of 27 September 2012 — El Corte Inglés v OHIM — Pucci International (PUCCI) (Community trade mark — Opposition proceedings — Application for the Community word mark PUCCI — Earlier national figurative and word marks Emidio Tucci and E. TUCCI — Application for the earlier Community figurative mark Emidio Tucci — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) and Article 15(1)(a) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009)
Date: 2012-09-27
Institutions: General Court
Subjects: EU trade mark, clothing industry, optical industry, registered trade mark, trade-mark law








C_2012355EN.01002302.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/23





Judgment of the General Court of 27 September 2012 — El Corte Inglés v OHIM — Pucci International (PUCCI)
(Case T-39/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark PUCCI - Earlier national figurative and word marks Emidio Tucci and E. TUCCI - Application for the earlier Community figurative mark Emidio Tucci - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) and Article 15(1)(a) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation No 207/2009)
2012/C 355/48
Language of the case: English

Parties


Applicant: El Corte Inglés, SA (Madrid, Spain) (represented initially by E. López Camba, J.L. Rivas Zurdo and E. Seijo Veiguela and, subsequently, by J.L. Rivas Zurdo and E. Seijo Veiguela, 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, intervener before the General Court: Emilio Pucci International BV (Amsterdam, Netherlands), (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 October 2009 (Case R 173/2009-1), relating to opposition proceedings between El Corte Inglés, SA and Emilio Pucci International BV.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders El Corte Inglés, SA to pay the costs.






(1)  OJ C 100, 17.4.2010.
Case T-243/09: Judgment of the General Court of 27 September 2012 — Fedecom v Commission (State aid — Fruit and vegetable sector — ‘Contingency plans’ aimed at supporting the fruit and vegetable market in France — Decision declaring the aid to be incompatible with the common market — Concept of State aid — State resources — Joint financing by a public body and by voluntary contributions from producer organisations — Arguments contrary to the facts submitted during the administrative proceedings — Operating aid — Legitimate expectation)
Date: 2012-09-27
Institutions: General Court
Subjects: State aid, administrative procedure, aid to agriculture, co-financing, producer organisation








C_2012355EN.01002101.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/21





Judgment of the General Court of 27 September 2012 — Fedecom v Commission
(Case T-243/09) (1)

(State aid - Fruit and vegetable sector - ‘Contingency plans’ aimed at supporting the fruit and vegetable market in France - Decision declaring the aid to be incompatible with the common market - Concept of State aid - State resources - Joint financing by a public body and by voluntary contributions from producer organisations - Arguments contrary to the facts submitted during the administrative proceedings - Operating aid - Legitimate expectation)
2012/C 355/42
Language of the case: French

Parties


Applicant: Fédération de l’organisation économique fruits et légumes (Fedecom) (Paris, France) (represented by: C. Galvez, lawyer)

Defendant: European Commission (represented by: B. Stromsky, acting as Agent)

Re:

Application for annulment of Commission Decision C(2009) 203 final of 28 January 2009 on the ‘contingency plans’ in the fruit and vegetable sector implemented by the French Republic.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Fédération de l’organisation économique fruits et légumes (Fedecom) to pay the costs.






(1)  OJ C 205, 29.8.2009.
Case T-303/10: Judgment of the General Court of 27 September 2012 — Wam Industriale v Commission (State aid — Undertaking with subsidiaries in certain third countries — Reduced rate loans — Decision declaring aid in part incompatible with the internal market and ordering it to be repaid — Decision taken following the annulment by the General Court of the initial decision concerning the same procedure — Execution of a judgment of the General Court — Obligation to state reasons — Principle of sound administration — Duty to exercise diligence — Duty of care)
Date: 2012-09-27
Institutions: General Court
Subjects: Italy, State aid, business location, common market, enforcement of ruling, interest rate subsidy, reimbursement of aid, third country








C_2012355EN.01002501.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/25





Judgment of the General Court of 27 September 2012 — Wam Industriale v Commission
(Case T-303/10) (1)

(State aid - Undertaking with subsidiaries in certain third countries - Reduced rate loans - Decision declaring aid in part incompatible with the internal market and ordering it to be repaid - Decision taken following the annulment by the General Court of the initial decision concerning the same procedure - Execution of a judgment of the General Court - Obligation to state reasons - Principle of sound administration - Duty to exercise diligence - Duty of care)
2012/C 355/53
Language of the case: Italian

Parties


Applicant: Wam Industriale SpA (Modena, Italy) (represented by: G. M. Roberti and I. Perego, lawyers)

Defendant: European Commission (represented by: V. Di Bucci and D. Grespan, agents)

Re:

Application for annulment of Commission Decision 2011/134/EU of 24 March 2010 concerning State aid C 4/03 (ex NN 102/02) implemented by Italy for Wam SpA (OJ 2011 L 57, p. 29).

Operative part of the judgment







1.


The action is dismissed;










2.


Wam Industriale SpA is ordered to pay the costs.






(1)  OJ C 246, 11.9.2010.
Case T-82/08: Judgment of the General Court of 27 September 2012 — Guardian Industries and Guardian Europe v Commission (Competition — Agreements, decisions and concerted practices — Market for flat glass in the EEA — Decision finding an infringement of Article 81 EC — Price-fixing — Evidence of the infringement — Calculation of the amount of the fines — Exclusion of captive sales — Obligation to state the reasons on which the decision is based — Equal treatment — Mitigating circumstances)
Date: 2012-09-27
Institutions: General Court
Subjects: fine, glass industry, price agreement, unlawful agreement








C_2012355EN.01001903.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/19





Judgment of the General Court of 27 September 2012 — Guardian Industries and Guardian Europe v Commission
(Case T-82/08) (1)

(Competition - Agreements, decisions and concerted practices - Market for flat glass in the EEA - Decision finding an infringement of Article 81 EC - Price-fixing - Evidence of the infringement - Calculation of the amount of the fines - Exclusion of captive sales - Obligation to state the reasons on which the decision is based - Equal treatment - Mitigating circumstances)
2012/C 355/39
Language of the case: English

Parties


Applicants: Guardian Industries Corp. (Dover, Delaware, United States of America); and Guardian Europe Sàrl (Dudelange, Luxembourg) (represented by: S. Völcker, F. Louis, A. Vallery, C. Eggers and H.-G. Kamann, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and R. Sauer, acting as Agents)

Re:

Application for annulment of Commission Decision C(2007) 5791 final of 28 November 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39165 — Flat glass), in so far as it concerns the applicants, and for a reduction in the amount of the fine imposed on them by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Guardian Industries Corp. and Guardian Europe Sàrl to pay the costs.






(1)  OJ C 107, 26.4.2008.