do-me/EUR-LEX huggingface dataset:
Case T-577/14: Action brought on 4 August 2014  — Gascogne Sack Deutschland and Gascogne v Court of Justice
Date: 2014-08-04
Institutions: General Court
Subjects: contractual liability, damages, indemnification, infringement of EU law, judicial proceedings








C_2014351EN.01001902.xml










6.10.2014   


EN


Official Journal of the European Union


C 351/19





Action brought on 4 August 2014 — Gascogne Sack Deutschland and Gascogne v Court of Justice
(Case T-577/14)
2014/C 351/24
Language of the case: French

Parties


Applicants: Gascogne Sack Deutschland GmbH (Wieda, Germany) and Gascogne (Saint-Paul-lès-Dax, France) (represented by: F. Puel and E. Durand, lawyers)

Defendant: Court of Justice of the European Union

Form of order sought

The applicants claim that the Court should:






—


declare that the European Union is non-contractually liable for the proceedings before the General Court which failed to have regard to the requirement that the case be dealt with within a reasonable time;




Consequently, it should:






—


order the European Union to pay full and sufficient compensation for the material and non-material damage which the applicants have suffered as a result of the European Union’s unlawful conduct, corresponding to the following amounts, together with compensatory and default interest at the rate applied by the European Central Bank to its main refinancing operations, increased by two percentage points, starting from the date when the application was submitted:






—


EUR 1 1 93  467 for losses suffered as a result of paying the additional legal interest applied to the nominal amount of the fine beyond a reasonable period;










—


EUR 1 87  571 for losses suffered as a result of making additional bank guarantee payments beyond a reasonable period;










—


EUR 2 0 00  000 for profits lost and/or losses suffered as a result of ‘uncertainty’, and










—


EUR 5 00  000 for the non-material damage suffered;














—


In the alternative, if the Court finds that the amount of damage suffered needs to be re-assessed, it should order the commissioning of an expert’s report in accordance with Article 65(d), Article 66(1) and Article 70 of the Rules of Procedure of the General Court;










—


In any event, the Court should order the European Union to pay the costs of the present proceedings.





Pleas in law and main arguments

In support of the action, the applicants rely on a single plea in law, alleging infringement of the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union owing to the excessive duration of the proceedings before the General Court, that is, infringement of their fundamental right to a hearing within a reasonable time.
Case T-583/14: Action brought on 4 August 2014  — Giand v OHIM — Flamagas (FLAMINAIRE)
Date: 2014-08-04
Institutions: General Court
Subjects: EU trade mark, gift item, registered trade mark, trade-mark law








C_2014351EN.01002102.xml










6.10.2014   


EN


Official Journal of the European Union


C 351/21





Action brought on 4 August 2014 — Giand v OHIM — Flamagas (FLAMINAIRE)
(Case T-583/14)
2014/C 351/27
Language in which the application was lodged: Italian

Parties


Applicant: Giand Srl (Rimini, Italy) (represented by: F. Caricato, lawyer)

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

Other party to the proceedings before the Board of Appeal: Flamagas, SA (Barcelona, Spain)

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) (OHIM) of 11 June 2014 in Case R 2117/2011-4, finding that there is no likelihood of confusion between the marks referred to below;










—


Refer the case back to OHIM so it can amend the decision on the substance of the case and register Community Trade Mark No 8 6 80  746 in respect of all the goods covered, without prejudice to those which are uncontested;










—


Order OHIM to pay the costs of proceedings before the Opposition Division, Board of Appeal and General Court.





Pleas in law and main arguments


Applicant for a Community trade mark: Giand Srl

Community trade mark concerned: the word mark ‘FLAMINAIRE’ for goods in Classes 16 and 34 — Community Trade Mark application No 8 6 80  746

Proprietor of the mark or sign cited in the opposition proceedings: Flamagas, SA

Mark or sign cited in opposition: national and international word marks for goods in Classes 16 and 34

Decision of the Opposition Division: opposition rejected in part

Decision of the Board of Appeal: appeal dismissed

Pleas in law:







—


Breach of the principle of ne bis in idem;










—


Incorrect assessment of the likelihood of confusion;










—


Incorrect assessment of the evidence.
Last publications of the Court of Justice of the European Union in the Official Journal of the European Union
Date: 2014-08-04
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union








C_2014253EN.01000101.xml










4.8.2014   


EN


Official Journal of the European Union


C 253/1





Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

2014/C 253/01

Last publication


OJ C 245, 28.7.2014


Past publications


OJ C 235, 21.7.2014


OJ C 223, 14.7.2014


OJ C 212, 7.7.2014


OJ C 202, 30.6.2014


OJ C 194, 24.6.2014


OJ C 184, 16.6.2014

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu