do-me/EUR-LEX huggingface dataset:
Case T-1185/23: Action brought on 26 December 2023 — Bimbo v EUIPO — Guangzhou Danxi Trade (Bimbys)
Date: 2023-12-26
Institutions: General Court
Subjects: EU trade mark, bread, cosmetic product, decorative item, gift item, household article, packaging product, paper, registered trade mark, trade-mark law








C_202401426EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1426


19.2.2024





Action brought on 26 December 2023 — Bimbo v EUIPO — Guangzhou Danxi Trade (Bimbys)
(Case T-1185/23)
(C/2024/1426)
Language in which the application was lodged: Spanish

Parties


Applicant: Bimbo, SA (Madrid, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Guangzhou Danxi Trade Co. Ltd (Guangzhou, China)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for EU word mark Bimbys — Application for registration No 18 496 227

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 24 October 2023 in Case R 635/2023-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision, expressly ordering that the application for the trade mark at issue be rejected;










—


order EUIPO and the intervener to pay all the costs of the proceedings before the Court, including those relating to the proceedings before the Board of Appeal.





Plea in law

Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.


ELI: http://data.europa.eu/eli/C/2024/1426/oj
ISSN 1977-091X (electronic edition)
Case C-811/23 P: Appeal brought on 26 December 2023 by European Commission against the judgment of the General Court (Third Chamber) delivered on 18 October 2023 in Case T-402/20, Zippo Manufacturing and Others v Commission
Date: 2023-12-26
Institutions: Court of Justice
Subjects: CCT duties, United States, aluminium, import (EU), iron and steel product, originating product, public consultation, rights of the defence, tariff preference, trade policy








C_202401403EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1403


19.2.2024





Appeal brought on 26 December 2023 by European Commission against the judgment of the General Court (Third Chamber) delivered on 18 October 2023 in Case T-402/20, Zippo Manufacturing and Others v Commission
(Case C-811/23 P)
(C/2024/1403)
Language of the case: English

Parties


Appellant: European Commission (represented by: G.-D. Balan and M. Mataija, Agents)

Other party to the proceedings: Zippo Manufacturing Co., Zippo GmbH and Zippo SAS

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal;










—


order the applicants at first instance to pay the costs of the appeal and of the first instance.





Pleas in law and main arguments

The Appellant submits two grounds of appeal.
First, the General Court incorrectly interpreted Article 41(2)(a) of the Charter of Fundamental Rights of the European Union (‘the Charter’) and the right to be heard as part of the right to good administration. Indeed, the General Court erred in finding that the right to be heard of the Applicants at first instance was infringed because the General Court disregarded the requirement of Article 41(2)(a) of the Charter that a measure must be an ‘individual measure’, as the right to be heard does not extend to measures of general application. Finally, even if the Applicants at first instance had a right to be heard during the process of adoption of the Contested Regulation (1), the General Court erred in finding that this right was not afforded to them by means of the public consultation.
Second, the General Court ruled ultra petita, as it annulled the Contested Regulation ‘in so far as it concerns products falling within CN code 9613 80 00’, while the application sought the annulment of the Regulation only ‘to the extent that those measures apply to the Applicants’.


(1)  Commission Implementing Regulation (EU) 2020/502 of 6 April 2020 on certain commercial policy measures concerning certain products originating in the United States of America (PB 2020, L 109, p. 10).


ELI: http://data.europa.eu/eli/C/2024/1403/oj
ISSN 1977-091X (electronic edition)