do-me/EUR-LEX huggingface dataset:
Case F-125/12: Action brought on 3 November 2012 — ZZ v OHIM
Date: 2012-11-03
Institutions: Civil Service Tribunal
Subjects: European civil service, damages, electronic mail, indemnification, staff assessment








C_2013026EN.01007203.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/72





Action brought on 3 November 2012 — ZZ v OHIM
(Case F-125/12)
2013/C 26/149
Language of the case: German

Parties


Applicant: ZZ (represented by: H. Tettenborn, lawyer)

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

Subject-matter and description of the proceedings

Application for annulment of the applicant’s 2011 appraisal report and of the decision imposing the objectives, and application for damages

Form of order sought







—


annul the appraisal report concerning the applicant for 2011 in the version of 1 February 2012 and the e-mails of the defendant of 2 February 2012 at 14:51 and of 2 February 2012 at 15:49, in so far as OHIM’s imposition on the applicant of objectives to be achieved for the period 1 October 2011 to 30 September 2012 is contained therein;










—


order OHIM to pay to the applicant damages of an appropriate amount at the discretion of the Tribunal for the non-material damage suffered by him;










—


order OHIM to pay the costs.
Case T-486/12: Action brought on 3 November 2012 — Golam v OHIM — Pentafarma (METABOL)
Date: 2012-11-03
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2013009EN.01004201.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/42





Action brought on 3 November 2012 — Golam v OHIM — Pentafarma (METABOL)
(Case T-486/12)
2013/C 9/75
Language in which the application was lodged: Greek

Parties


Applicant: Sofia Golam (Athens, Greece) (represented by: N.Trovas, lawyer)

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

Other party to the proceedings before the Board of Appeal: Pentafarma-Sociedade Tecnico-Medicinal, SA (Prior Velho, Portugal)

Form of order sought

The applicant claims that the General Court should:






—


uphold the present action, so as to annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 July 2012 in Case R 1901/2011-1;










—


reject the opposition of the other party before the Board of Appeal and grant the application lodged by the applicant in its entirety;










—


order the other party before the Board of Appeal to pay the applicant the costs of the present proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Sofia Golam

Community trade mark concerned: the word mark ‘METABOL’ for goods and services in Classes 5, 16 and 30 — Community trade mark application No 8885287

Proprietor of the mark or sign cited in the opposition proceedings: Pentafarma-Sociedade Tecnico-Medicinal, SA

Mark or sign cited in opposition: the Portuguese word mark ‘METABOL-MG’ which has been registered under No 241841, for goods in Class 5

Decision of the Opposition Division: opposition upheld in part

Decision of the Board of Appeal: decision of the Opposition Division annulled in part

Pleas in law: infringement of Articles 8(1)(a) and (b) of Council Regulation No 207/2009