do-me/EUR-LEX huggingface dataset:
Case T-90/15: Judgment of the General Court of 16 March 2016 — Schoeller Corporation v OHIM — Sqope (SCOPE) (Community trade mark — Invalidity proceedings — Community word mark SCOPE — Absolute grounds for refusal — Descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009)
Date: 2016-03-16
Institutions: General Court
Subjects: EU trade mark, financial services, registered trade mark, trade-mark law








C_2016156EN.01004002.xml










2.5.2016   


EN


Official Journal of the European Union


C 156/40






Judgment of the General Court of 16 March 2016 — Schoeller Corporation v OHIM — Sqope (SCOPE)
(Case T-90/15) (1)

((Community trade mark - Invalidity proceedings - Community word mark SCOPE - Absolute grounds for refusal - Descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Article 52(1)(a) of Regulation No 207/2009))
(2016/C 156/53)
Language of the case: German

Parties


Applicant: Schoeller Corporation GmbH (Berlin, Germany) (represented by: D. van Ackeren, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Hanne, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Sqope SA (Luxembourg, Luxembourg) (represented: M.-C. Simon, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 November 2014 (Case R 2381/2013-1), relating to invalidity proceedings between Sqope SA and Schoeller Corporation GmbH.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 November 2014 (Case R 2381/2013-1);










2.


Orders OHIM and Sqope SA to bear their own costs and to pay those incurred by Schoeller Corporation GmbH.






(1)  
            OJ C 118, 13.4.2015.
Case C-545/15: Order of the President of the Court of 16 March 2016 — European Commission v Republic of Poland
Date: 2016-03-16
Institutions: Court of Justice
Subjects: approximation of laws, electrical equipment, electronic waste, environmental risk prevention, pollution control measures, sanction (EU), waste disposal, waste recycling








C_2016260EN.01003601.xml










18.7.2016   


EN


Official Journal of the European Union


C 260/36





Order of the President of the Court of 16 March 2016 — European Commission v Republic of Poland
(Case C-545/15) (1)

(2016/C 260/44)
Language of the case: Polish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 16, 18.1.2016.
Case T-713/15: Order of the General Court of 16 March 2016 — Pharm-a-care Laboratories v OHIM — Pharmavite (VITAMELTS) (Community trade mark — Invalidity proceedings — Withdrawal of the application for a declaration of invalidity — No need to adjudicate)
Date: 2016-03-16
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2016175EN.01001601.xml










17.5.2016   


EN


Official Journal of the European Union


C 175/16





Order of the General Court of 16 March 2016 — Pharm-a-care Laboratories v OHIM — Pharmavite (VITAMELTS)
(Case T-713/15) (1)

((Community trade mark - Invalidity proceedings - Withdrawal of the application for a declaration of invalidity - No need to adjudicate))
(2016/C 175/18)
Language of the case: English

Parties


Applicant: Pharm-a-care Laboratories Pty. Ltd (Sydney, Australia) (represented by: I.A. De Freitas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: E. Zaera Cuadrado, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Pharmavite LLC (California, United States)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 September 2015 (Cases R 2649/2014-1) concerning invalidity proceedings between Pharmvite LLC and Pharm-a-care Laboratories Pty. Ltd.

Operative part of the order







1.


There is no longer any need to adjudicate in the action.










2.


Pharm-a-care Laboratories Pty. Ltd shall bear its own costs and shall pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).






(1)  OJ C 38, 1.2.2016.
Case T-104/16: Action brought on 16 March 2016 — Puma v EUIPO (FOREVER FASTER)
Date: 2016-03-16
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, leather, registered trade mark, sports equipment, trade-mark law








C_2016165EN.01001601.xml










10.5.2016   


EN


Official Journal of the European Union


C 165/16





Action brought on 16 March 2016 — Puma v EUIPO (FOREVER FASTER)
(Case T-104/16)
(2016/C 165/17)
Language of the case: English

Parties


Applicant: Puma SE (Herzogenaurach, Germany) (represented by: M. Schunke, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: International registration designating the European Union in respect of the word mark ‘FOREVER FASTER’ — Application for registration No 1 217 411

Contested decision: Decision of the First Board of Appeal of EUIPO of 7 January 2016 in Case R 770/2015-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and order the defendant to allow the registration of the term ‘FOREVER FASTER’ for the contested goods;










—


order EUIPO to pay the costs, including those incurred before the Board of Appeal.





Pleas in law







—


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










—


Infringement of the principles of equality and sound administration established by European laws.
Prior notification of a concentration (Case M.7908 — CMA CGM/NOL) (Text with EEA relevance)
Date: 2016-03-16
Institutions: European Commission
Subjects: carriage of goods, economic concentration, maritime transport, merger control








C_2016100EN.01000501.xml










16.3.2016   


EN


Official Journal of the European Union


C 100/5





Prior notification of a concentration
(Case M.7908 — CMA CGM/NOL)
(Text with EEA relevance)
(2016/C 100/06)






1.


On 8 March 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CMA CGM (France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Neptune Orient Lines (Singapore) by way of public bid announced on 7 December 2015.










2.


The business activities of the undertakings concerned are:
—   for CMA CGM: France-based CMA CGM is active in the sector of maritime shipping services, in particular container liner shipping and stevedoring services. With a fleet of 470 vessels, the CMA CGM Group serves 450 commercial ports in 170 shipping lines.
—   for Neptune Orient Lines: Singapore-based Neptune Orient Lines is a maritime shipping services provider with a fleet of 94 vessels run under its brand American President Lines. It operates more than 80 weekly services at ports in over 50 countries worldwide.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.7908 — CMA CGM/NOL, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
Council Decision of 16 March 2016 adopting the Council’s position on draft amending budget No 1 of the European Union for the financial year 2016
Date: 2016-03-16
Institutions: Council of the European Union
Subjects: amending budget, budgetary expenditure, budgetary resources, draft budget (EU), general budget (EU)








C_2016105EN.01000601.xml










19.3.2016   


EN


Official Journal of the European Union


C 105/6





COUNCIL DECISION
of 16 March 2016
adopting the Council’s position on draft amending budget No 1 of the European Union for the financial year 2016
(2016/C 105/04)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
Whereas:






(1)


the Union’s budget for the financial year 2016 was definitively adopted on 25 November 2015 (2),










(2)


on 10 March 2016, the Commission submitted a proposal containing draft amending budget No 1 to the general budget for the financial year 2016,










(3)


given the fact that draft amending budget No 1 to the general budget for 2016 needs to be adopted without delay so as to be able to cover immediate and urgent funding needs resulting from the massive influx of refugees and migrants into the Union, it is justified to shorten, in accordance with Article 3(3) of the Council’s Rules of Procedure, the eight-week period for the information of national Parliaments laid down in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union.




HAS DECIDED AS FOLLOWS:
Sole Article
The Council’s position on draft amending budget No 1 of the European Union for the financial year 2016 was adopted on 16 March 2016.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Brussels, 16 March 2016.


For the Council


The President

A.G. KOENDERS




(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 48, 24.2.2016, p. 1.
Case T-45/15: Judgment of the General Court of 16 March 2016 — Hydrex v Commission (Grant agreement relating to a project concerning a financial instrument for the environment — Recovery order — Enforceable decision within the meaning of Article 299 TFEU — Obligation to state reasons — Errors of assessment — Force majeure)
Date: 2016-03-16
Institutions: General Court
Subjects: auditing, cost analysis, economic support








C_2016156EN.01003901.xml










2.5.2016   


EN


Official Journal of the European Union


C 156/39






Judgment of the General Court of 16 March 2016 — Hydrex v Commission
(Case T-45/15) (1)

((Grant agreement relating to a project concerning a financial instrument for the environment - Recovery order - Enforceable decision within the meaning of Article 299 TFEU - Obligation to state reasons - Errors of assessment - Force majeure))
(2016/C 156/51)
Language of the case: Dutch

Parties


Applicant: Hydrex NV (Antwerp, Belgium) (represented by: P. Van Eysendeyk, lawyer)

Defendant: European Commission (represented by: S. Lejeune and G. Wils, acting as Agents)

Re:

Action for annulment of Commission Decision C (2015) 103 final of 12 January 2015 relating to recovery order No 3241405101 issued against the applicant and involving an amount of EUR 540 721,10.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hydrex NV to bear its own costs and those incurred by the European Commission, including the costs relating to the interim proceedings.






(1)  
            OJ C 96, 23.3.2015.