(Appeal — Intellectual property— Community designs— Regulation (EC) No6/2002

Fecha: 21-Sep-2017

19On 28November 2003 ESS filed an application for registration of a Community design with EUIPO, under Regulation No6/2002. That application covered the design which is represented as follows: 20The contested design was registered as Community design No000107834-0025 and published in Community Designs Bulletin No19/2004 of 9March 2004. According to...

(Appeal— Access to documents of the institutions— Regulation (EC) No1049/2001

Fecha: 11-Ene-2017

7Mr Typke applied to the European Personnel Selection Office (‘EPSO’) on the basis of Regulation No1049/2001 for access to a ‘table’ containing a series of anonymised data on the preselection tests in open competitions in which he had participated (procedure GESTDEM 2012/3258). 8The ‘table’ applied for should, he claimed, have contained information...

(Appeal— Article102 TFEU— Abuse of a dominant position— Loyalty rebates–– Commission’s jurisdiction— Regulation (EC) No1/2003

Fecha: 06-Sep-2017

6Intel is a US-based company that designs, develops, manufactures, and markets central processing units (‘CPUs’), chipsets, and other semiconductor components, as well as platform solutions for data processing and communications devices. 7The present case concerns the market for processors, in particular x86 CPUs. The x86 architecture is a standard...

(Appeal— Article181 of the Rules of Procedure of the Court— EU trade mark— Application for registration of the word mark Paloma— Earlier figurative mark Paloma— Opposition proceedings— Regulation (EC) No207/2009

Fecha: 19-Oct-2017

7Under Article137 of the Rules of Procedure, applicable to the procedure on appeal pursuant to Article184(1) of those rules, a decision as to costs is to be given in the order which closes the proceedings. Since the present order has been adopted before the appeal has been served on the defendant and, therefore, before the latter could have incurre...

(Appeal— Article181 of the Rules of Procedure of the Court of Justice— EU trade mark— Opposition proceedings— Regulation (EC) No207/2009

Fecha: 14-Dic-2017

9Under Article137 of the Rules of Procedure, applicable to the procedure on appeal pursuant to Article184(1) of those rules, a decision as to costs is to be given in the order which closes the proceedings. Since the present order has been adopted before the appeal has been served on the defendant and, therefore, before the latter could have incurre...

(Appeal— Civil service— Officials— Appraisal report— 2011/2012

Fecha: 09-Feb-2017

10By appeal lodged at the Registry of the General Court on 28May 2015 LD brought this appeal. In addition, she submitted a request for anonymity, which was granted. 11LD was authorised, pursuant to Article201 of the Rules of Procedure of the General Court, to present a reply, which she did on 27January 2016. EUIPO declined to lodge a rejoinder. The...

(Appeal— Common fisheries policy— Non-contractual liability of the European Union— Claim for compensation— Regulation (EC) No530/2008

Fecha: 13-Sep-2017

6In 2008 the appellants, as owners of seiners flying the flag of Italy, were allocated quotas for purse-seine fishing for bluefin tuna. 7Under Article1 of Regulation No530/2008, purse seiners flying the flag of Greece, France, Italy, Cyprus or Malta were prohibited from purse-seine fishing for bluefin tuna from 16June 2008. By contrast, for purse s...

(Appeal— Directive 2010/30/EU— Indication of energy consumption by labelling and standard product information— Delegated Regulation (EU) No665/2013

Fecha: 11-May-2017

13By application lodged at the Registry of the General Court on 7October 2013, Dyson brought an action for the annulment of the regulation at issue. 14In support of its action, Dyson put forward three pleas in law, alleging, first, lack of competence on the part of the Commission, secondly, failure to provide a statement of reasons for the regulati...

(Appeal— Dumping— Implementing Regulation (EU) No1238/2013

Fecha: 09-Nov-2017

7SolarWorld is a European producer of crystalline silicon photovoltaic modules and key components. 8Following a complaint lodged by EU ProSun, an association of European producers of crystalline silicon photovoltaic modules and key components, the Commission published, on 6September 2012, a Notice of initiation of an anti-dumping proceeding concern...

(Appeal— Dumping— Implementing Regulation (EU) No924/2012— Imports of certain iron or steel fasteners originating in the People’s Republic of China— Regulation (EC) No1225/2009

Fecha: 05-Abr-2017

9The appellants are companies established in China which produce certain iron or steel fasteners for sale on the national market or for export, in particular, to the European Union (‘the product under consideration’). 10By Regulation (EC) No91/2009 of 26January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fastene...

(Appeal— EU trade mark— Invalidity proceedings— Regulation (EC) No207/2009

Fecha: 05-Abr-2017

7Article L.711-4 of the Code de la propriété intellectuelle (Intellectual Property Code) (‘IPC’) is worded as follows: ‘A sign may not be adopted as a trade mark if it interferes with prior rights, in particular: … (b)a business name or corporate name, if there is a likelihood of confusion on the part of the public; …’ 8Article L.714-3 of the IPC p...

(Appeal— EU trade mark— Regulation (EC) No207/2009— Article51(2)— Word mark LAMBRETTA— Genuine use of the mark— Application for revocation— Partial revocation— Communication No2/12

Fecha: 16-Feb-2017

7Scooters India is the proprietor of EU trade mark LAMBRETTA, which was applied for on 7February 2000 and registered by EUIPO on 6August 2002. The goods in respect of which that mark was registered are included, inter alia, in Class 12 of the Nice Agreement, corresponding to the following description: ‘vehicles; apparatus for locomotion by land, ai...

(Appeal— European Agricultural Fund for Rural Development (EAFRD)— Expenditure excluded from EU financing— Regulations (EC) No1698/2005, (EC) No1975/2006 and (EC) No796/2004

Fecha: 26-Ene-2017

18The background to the dispute and the content of the decision at issue are set out in paragraphs24 to 39 of the judgment under appeal. For the purposes of these proceedings, they may be summarised as follows. 19Under Article36(a)(i) and (ii) of Regulation No1698/2005, the French authorities adopted a Plan for Rural Development in France for the p...

(Appeal— Own resources of the European Union— Decision 2007/436

Fecha: 25-Oct-2017

8In 2006 and 2007, some companies made customs declarations, as customs debtors, in Germany in order to place goods destined for Slovakia under the external Community transit procedure in accordance with Article91 et seq. of Council Regulation (EEC) No2913/92 of 12October 1992 establishing the Community Customs Code (OJ 1992 L302, p.1). 9For those ...

(Appeal— Public health— Consumer protection –Regulation (EC) No1924/2006

Fecha: 23-Nov-2017

4Article3 of Regulation (EC) No178/2002 of the European Parliament and of the Council of 28January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ 2002 L31, p.1), entitled ‘Other definitions’, provides: ‘For the purposes of...

(Appeal— Regulation (EC) No1907/2006 (REACH)— Article58(2)— Authorisation— Substances of very high concern— Exemption— Regulation amending Annex XIV to Regulation (EC) No1907/2006

Fecha: 13-Jul-2017

7It is apparent from paragraphs1 to 9 of the judgment under appeal that, by means of Regulation No348/2013, chromium trioxide was included in Annex XIV to the REACH Regulation without any exemptions under Article58(2) of that regulation being granted for certain uses or categories of uses of that substance. ...

(Appeal— Regulation (EC) No834/2007— Production and labelling of organic products— Regulation (EC) No889/2008— Implementing Regulation (EU) No1358/2014

Fecha: 20-Dic-2017

7In its original version, Article1(2)(a) of Commission Regulation (EC) No889/2008 of 5September 2008 laying down detailed rules for the implementation of Regulation No834/2007 with regard to organic production, labelling and control (OJ 2008 L250, p.1) (‘the implementing regulation’), applicable as of 1January 2009 pursuant to Article97 thereof, ex...