EN
C 207/38
Official Journal of the European Union
23.5.2022
Judgment of the General Court of 30 March 2022 — SFD v EUIPO — Allmax Nutrition (ALLNUTRITION DESIGNED FOR MOTIVATION) (Case T-35/21) (1) (EU trade mark — Opposition proceedings — Application for EU figurative mark ALLNUTRITION DESIGNED FOR MOTIVATION — Earlier EU word marks ALLMAX NUTRITION — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) (2022/C 207/49) Language of the case: English Parties Applicant: SFD S.A. (Opole, Poland) (represented by: T. Grucelski, lawyer) Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents) Other party to the proceedings before the Board of Appeal of EUIPO: Allmax Nutrition Inc. (North York, Ontario, Canada)
Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 28 October 2020 (Case R 511/2020-2), relating to opposition proceedings between Allmax Nutrition and SFD.
Operative part of the judgment The Court: 1.
Dismisses the action; 2.
Orders SFD S.A. to pay the costs.
(1)
OJ C 98, 22.3.2021.
Judgment of the General Court of 30 March 2022 — PO v Commission (Case T-36/21) (1) (Civil service — Officials — Recruitment — Notice of open competition EPSO/AD/338/17 — Non-inclusion on the reserve list — Article 21 of the Charter of Fundamental Rights — Article 1d(1) and (4) of the Staff Regulations — Reasonable accommodation — Principle of non-discrimination on the ground of disability — Directive 2000/78/EC — Obligation to state reasons — Duty to have regard for the welfare of officials — Responsibility — Material and non-material damage) (2022/C 207/50) Language of the case: French Parties Applicant: PO (represented by: L. Levi and A. Blot, lawyers) Defendant: European Commission (represented by: I. Melo Sampaio and D. Milanowska, acting as Agents)
Re: By his action under Article 270 TFEU, the applicant seeks, first, annulment of the decision of the competition selection board of 29 April 2020, taken following a review, not to include his name on the reserve list for Open Competition EPSO/AD/338/17 as well as the decision of the appointing authority of 14 October 2020 rejecting his complaint and, second, compensation for the harm he allegedly suffered as a result of those decisions.