do-me/EUR-LEX huggingface dataset:
Case T-347/10: Judgment of the General Court of 19 April 2013 — Adelholzener Alpenquellen v OHIM (Shape of a bottle with an embossed pattern) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a bottle with an embossed pattern — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of declaration as to the scope of the protection — Article 37(2) of Regulation No 207/2009 — Infringements of the rights of the defence — Second sentence of Article 75 of Regulation No 207/2009)
Date: 2013-04-19
Institutions: General Court
Subjects: EU trade mark, packaging product, registered trade mark, rights of the defence, trade-mark law








C_2013156EN.01003801.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/38





Judgment of the General Court of 19 April 2013 — Adelholzener Alpenquellen v OHIM (Shape of a bottle with an embossed pattern)
(Case T-347/10) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a bottle with an embossed pattern - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Lack of declaration as to the scope of the protection - Article 37(2) of Regulation No 207/2009 - Infringements of the rights of the defence - Second sentence of Article 75 of Regulation No 207/2009)
2013/C 156/67
Language of the case: German

Parties


Applicant: Adelholzener Alpenquellen GmbH (Siegsdorf, Germany) (represented by: O. Rauscher and C. Onken, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: S. Schäffner and subsequently by: A. Schifko, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1516/2009-1) concerning an application for registration of a three-dimensional sign consisting of the shape of a bottle with an embossed pattern as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Adelholzener Alpenquellen GmbH to pay the costs..






(1)  OJ C 288, 23.10.2010.
Joined Cases T-99/09 and T-308/09: Judgment of the General Court of 19 April 2013 — Italy v Commission (ERDF — Campania Regional Operational Programme (ROP) 2000-2006 — Regulation (EC) No 1260/1999 — Article 32(3)(f) — Decision not to make interim payments in connection with the ROP measure concerning waste management and disposal — Infringement procedure in respect of Italy)
Date: 2013-04-19
Institutions: General Court
Subjects: Campania, European Regional Development Fund, Italy, operational programme, waste disposal








C_2013156EN.01003703.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/37





Judgment of the General Court of 19 April 2013 — Italy v Commission
(Joined Cases T-99/09 and T-308/09) (1)

(ERDF - Campania Regional Operational Programme (ROP) 2000-2006 - Regulation (EC) No 1260/1999 - Article 32(3)(f) - Decision not to make interim payments in connection with the ROP measure concerning waste management and disposal - Infringement procedure in respect of Italy)
2013/C 156/66
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: P. Gentili and, additionally, in Case T-99/09, by G. Palmieri, avvocati dello Stato)

Defendant: European Commission (represented by: D. Recchia and A. Steiblytė, Agents)

Re:

Applications for annulment of the decisions contained in the Commission’s letters of 22 December 2008, and of 2 and 6 February 2009 (Nos 012480, 000841 and 001059 — Case T-99/09) and of 20 May 2009 (No 004263 — Case T-308/09) declaring that the interim payment applications submitted by the Italian Authorities for the reimbursement of expenditure incurred after 29 June 2007 in connection with Measure 1.7 of the ‘Campania’ Operational Programme are ‘unacceptable’ under Article 32(3)(f) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ 1999 L 161, p. 1).

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders the Italian Republic to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 102, 1.5.2009.