Popp And Zech v OHMI – Muller-Bore and Partner (MB): ECFI 6 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark MB – Earlier Community figurative mark MB and P – Genuine use of the earlier mark – Article 42, paragraph 2, and Article 15, paragraph 1 of Regulation (EC) No 207 / 2009 – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation No 207/2009

T-463/12, [2014] EUECJ T-463/12, ECLI: EU: T: 2014 935
Bailii

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538475

Kaatsu Japan v OHIM (Kaatsu): ECFI 7 Nov 2014

ECJ Judgment – Community trade mark – Application for Community word mark KAATSU – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – Rights of the defence – Article 75, second sentence, of Regulation No 207/2009

T-567/12, [2014] EUECJ T-567/12
Bailii
Regulation (EC) No 207/2009 7(1)(c)

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538473

FIS’D v Commission: ECFI 6 Nov 2014

ECJ Judgment – Erasmus Mundus Action Programme – Framework Convention Partnership – Specific Grant Agreement – Decision of the Executive Agency to terminate the framework agreement and the specific agreement to amend – Administrative Proceedings before the Commission – Commission Decision of rejection administrative appeal as unfounded – Breach of conventions and the Administrative and Financial Handbook

A. Dittrich, P
T-283/12, [2014] EUECJ T-283/12, ECLI:EU:T:2014:933
Bailii

European

Updated: 23 December 2021; Ref: scu.538470

Agenzia delle Dogane, Ufficio di Verona dell’Agenzia delle Dogane v ADL American Dataline Srl: ECJ 6 Nov 2014

ECJ Judgment – Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Common Customs Tariff – Tariff classification – Combined Nomenclature – Headings 8471 and 8518 – Loudspeakers reproducing sound by transforming an electromagnetic signal into sound waves, which can be connected only to a computer and marketed separately

C. Vajda (Rapporteur), P
C-546/13, [2014] EUECJ C-546/13, ECLI:EU:C:2014:2348
Bailii
Regulation (EEC) No 2658/87

European, Customs and Excise

Updated: 23 December 2021; Ref: scu.538462

DH v Parliament: ECJ 6 Nov 2014

ECJ Judgment – Public Service – Official Intern – Article 34 of the Statute – Internship Report establishing the manifest inability of the trainee – Extension of the probationary period – Reassignment – Dismissal at the end of the probationary period – Conditions of the practicum – Insufficient professional – Duty of care – Principle of sound administration

F-4/14, [2014] EUECJ F-4/14
Bailii

European

Updated: 23 December 2021; Ref: scu.538468

Greece v Commission: ECFI 6 Nov 2014

ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from funding – Regulation (EC) No 1782/2003 – Plan of single payment entitlements – Sincere cooperation – Equity – Proportionality – National Reserve – Award criteria – Financial Correction lump – Risk for the Fund – Regulation (EC) No 1493/1999 – Wine sector – Plans distillation and payments for the use of certain musts – Aid for the restructuring and conversion of vineyards

T-632/11, [2014] EUECJ T-632/11
Bailii
Regulation (EC) No 1782/2003, Regulation (EC) No 1493/1999

European

Updated: 23 December 2021; Ref: scu.538471

Italy v Commission: ECJ 6 Nov 2014

ECJ Judgment – Appeal – European Regional Development Fund (ERDF) – Regional Operational Programme (ROP) 2000-2006 Campania – Regulation (EC) No 1260/1999 – Article 32, paragraph 3, paragraph f) – infringement procedure against Italy concerning the management of waste in the Campania region – Decision not to make interim payments for the measurement of POR on the management and disposal of waste

C-385/13, [2014] EUECJ C-385/13, ECLI: EU: C: 2014: 2350
Bailii

European

Updated: 23 December 2021; Ref: scu.538472

Commission v Thome: ECFI 5 Nov 2014

ECJ Judgment – Appeal – Civil service – Officials – Recruitment – Notice of competition – Refusal of recruitment – Existence of a degree consistent with the notice of competition due to homologation – Financial and Non-pecuniary damage

T-669/13, [2014] EUECJ T-669/13, ECLI: EU: T: 2014 929
Bailii

European

Updated: 23 December 2021; Ref: scu.538302

Sindicato Nacional Dos Profissionais De Seguros E Afins: ECJ 21 Oct 2014

ECJ Order – Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure – Charter of Fundamental Rights of the European Union – Principles of equal treatment and non-discrimination – National legislation establishing salary reductions for certain public sector employees – No implementation of EU law – Clear lack of jurisdiction of the Court

C-665/13, [2014] EUECJ C-665/13 – CO, ECLI:EU:C:2014:2327
Bailii

European, Human Rights

Updated: 23 December 2021; Ref: scu.538301

Mayaleh v Council: ECFI 5 Nov 2014

ECJ Judgment – Common Foreign and Security Policy – Restrictive measures against Syria – Freezing of funds – Functions of the Governor of Central Bank of Syria – Action for annulment – Notice of an instrument of restrictive measures – Limitation of Actions – Admissibility – Rights of the defense – Fair trial – Obligation to state reasons – Burden of proof – Right to effective judicial protection – Proportionality – Right to property – The right to private and family life – Application for admission to restrictions a national of a Member State – Free movement of EU citizens

G. Berardis (Rapporteur), P
T-307/12, [2014] EUECJ T-307/12, ECLI: EU: T: 2014 : 926
Bailii

European

Updated: 23 December 2021; Ref: scu.538304

Vtesse Networks v Commission: ECFI 5 Nov 2014

ECJ Judgment – State aid – Aid to support the deployment of next generation broadband networks in the Cornwall and Isles of Scilly region – Decision declaring the aid compatible with the internal market – Article 107(3)(c) TFEU – Action for annulment – No substantial effect on the competitive position – Locus standi – Procedural rights of the interested parties – Partial inadmissibility – No doubts which justify initiating the formal investigation procedure

G. Berardis, P
T-362/10, [2014] EUECJ T-362/10, ECLI:EU:T:2014:928
Bailii
TFEU 107(3)(c)

European

Updated: 23 December 2021; Ref: scu.538305

Cypra Ltd v Kypriaki Dimokratia: ECJ 5 Nov 2014

ECJ Judgment – Reference for a preliminary ruling – Agriculture – Animal health – Regulation (EC) No 854/2004 – Products of animal origin intended for human consumption – Official controls – Appointment of an official veterinarian – Slaughter of animals

A. Tizzano, P
C-402/13, [2014] EUECJ C-402/13, ECLI:EU:C:2014:2333
Bailii
Regulation (EC) No 854/2004

European, Agriculture

Updated: 23 December 2021; Ref: scu.538303

Nashua Corporation and Others v Commission and Council: ECJ 14 Mar 1990

ECJ 1. The rejection by the Commission of a proposed undertaking in the course of an anti-dumping proceeding is not a measure having binding legal effects of such a kind as to affect the interests of the traders concerned, because the Commission may revoke its decision or the Council may decide not to introduce an anti-dumping duty. Such a rejection is an intermediate measure whose purpose is to prepare for the final decision, and is not therefore a measure which may be challenged by an action for its annulment.
It is by challenging the regulation introducing definitive anti-dumping duties that traders can raise any irregularity associated with the rejection of their proposed undertakings.
2. Regulations introducing an anti-dumping duty are legislative in nature and scope, inasmuch as they apply to all traders generally. Nevertheless, it is conceivable that some provisions of those regulations may be of direct and individual concern to those producers and exporters of the product in question who are alleged on the basis of information about their business activities to be dumping.
This is true in general of producers and exporters who are able to establish that they were identified in the measures adopted by the Commission or the Council or were concerned by the preliminary investigations. The same is true of those importers whose resale prices were taken into account for the construction of export prices, and those traders, limited in number and identified by the institutions, whose business dealings with the producer of the products concerned display particular features which were taken into account in the construction of the normal value and in the calculation of the weighted dumping margin on the basis of which the anti-dumping duty was fixed.
3. No miscalculation of the dumping margin may be said to occur where the institutions determine it solely at the stage of the exporting manufacturer without establishing separate margins for specific exporters, on the ground that those exporters are not established in the country of exportation and do not sell the products complained of on the domestic market of the country of exportation, and therefore the dumping can be attributed only to the exporting manufacturer.
4. The attitude of a trading partner – even a major partner – of the Community towards protection against dumping does not suffice to oblige the Community to follow the same course when applying its own legislation on the matter.
5. For the calculation of the anti-dumping duty, Article 13(3 ) of Regulation No 2176/84 merely requires the institutions not to exceed either the dumping margin established or the extent of the injury, if a duty lower than the dumping margin would be adequate to remove the injury. The institutions thus enjoy a wide discretion in choosing the method for calculating the duty and are not obliged to adopt for that purpose the same method as that used for determining the dumping margin.
6. The imposition of an anti-dumping duty at a standard rate applicable to all imports of a given product does not, even though it may not have the same effect on the profit margins of different importers, infringe the principle prohibiting discrimination; that difference in the effects of the duty is the result not of the introduction of the duty but of the sales policy of the exporting manufacturer, and the introduction of an anti-dumping duty seeks to remove the injury caused to Community producers and not to ensure that all importers enjoy the same profit margin.
7. Article 10 of Regulation No 2176/84 does not rule out the possibility for the Commission of accepting an undertaking offered by an importer, but its wording implies that such an undertaking may be accepted only in exceptional cases. Article 10(4) and (6), dealing with the continuation of the investigation after the acceptance of undertakings and the introduction of anti-dumping duties after the withdrawal of an undertaking or the discovery that it has been infringed, refers only to exporters, that is to say, those traders whose undertakings may a priori be accepted.

[1990] EUECJ C-133/87
Bailii
Citing:
See AlsoNashua Corporation and Others v Commission and Council ECJ 25-Jun-1987
ECJ It does not lie within the jurisdiction of the judge hearing an application for interim measures to allow a request for the suspension of the operation of a council regulation imposing a definitive . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 23 December 2021; Ref: scu.538248

Mundipharma v OHIM: ECJ 21 Oct 2014

ECJ Order – Appeal – Community trade mark – Regulation (EC) No 40/94 – Application for registration of the word mark Maxigesic – Opposition by the proprietor of the earlier word mark OXYGESIC – Refusal of registration

MS Rodin (Rapporteur), P
C-669/13, [2014] EUECJ C-669/13 – CO, ECLI: EU: C: 2014 : 2308
Bailii
Regulation (EC) No 40/94

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538235

Mineralquelle Zurzach v Hauptzollamt Singen: ECJ 22 Oct 2014

ECJ Preliminary reference – Common Customs Tariff – Tariff classification – Combined Nomenclature – Classification of goods – Tariff heading 2202 10 00 – Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored – Tariff heading 2202 9010 11 – Fruit juice or vegetable juice diluted with water or carbonated

A. Borg Barthet, acting as President
C-139/14, [2014] EUECJ C-139/14 – CO
Bailii

European, Customs and Excise

Updated: 23 December 2021; Ref: scu.538234

Holistic Innovation Institute v Research Executive Agency (Order): ECFI 23 Oct 2014

ECJ Referred – Projects funded by the European Union in the field of research and technological development – Decision refusing to participate in some projects – Application for stay of execution – Lack of formal requirements – Inadmissibility

T-706/14, [2014] EUECJ T-706/14 – CO
Bailii
European

European

Updated: 23 December 2021; Ref: scu.538233

Bestwater International v Mebes, Potsch: ECJ 21 Oct 2014

ECJ Preliminary reference – Approximation of laws – Copyright and related rights – Directive 2001/29 / EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3, paragraph 1 – Communication Public – Concept – Internet links providing access to copyrighted works – Using the technique of ‘transclusion’ (‘framing’)

C-348/13, [2014] EUECJ C-348/13 – CO, ECLI: EU: C: 2014: 2315
Bailii
Directive 2001/29/EC

European, Intellectual Property, Information

Updated: 23 December 2021; Ref: scu.538231

Football Dataco Ltd and Others v Sportradar Gmbh and Another: ChD 8 May 2012

Floyd J
[2012] EWHC 1185 (Ch)
Bailii
Directive 96/9/EC on the Legal Protection of Databases
England and Wales
Citing:
See AlsoFootball Dataco Ltd and Others v Sportradar Gmbh and Another ChD 17-Nov-2010
The claimants complained of alleged breach of database rights claimed by the claimants in their lists of football match schedules. . .
At CAFootball Dataco Ltd and Others v Sportradar Gmbh and Another CA 29-Mar-2011
Matter referred to ECJ. The claimants sougt to restraiin alleged breach of database rights by the defendants in lists of Football League fixtures. . .

Cited by:
See AlsoFootball Dataco Ltd and Others v Sportradar Gmbh and Another ECJ 21-Jun-2012
ECJ (Opinion) Directive 96/9/EC – Legal protection of databases – Concepts of extraction and re-utilisation – Location of the act of re-utilisation . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, European

Updated: 23 December 2021; Ref: scu.457572

Tuifly v Commission (Judgment): ECFI 29 Sep 2021

Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the State aid control procedure – Refusal of access – Exception relating to the protection of the objectives of inspection, investigation and ‘audit – Exception relating to the protection of the commercial interests of a third party – Outstanding public interest

T-619/18, [2021] EUECJ T-619/18
Bailii
European

European, Information

Updated: 23 December 2021; Ref: scu.668530

Danosa v LKB Lizing SIA: ECJ 11 Nov 2010

ECJ Social policy – Directive 92/85/EEC – Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Articles 2(a) and 10 – Concept of ‘pregnant worker’ – Prohibition on the dismissal of a pregnant worker during the period from the beginning of pregnancy to the end of maternity leave – Directive 76/207/EEC – Equal treatment for men and women – Member of the Board of Directors of a capital company – National legislation permitting the dismissal of a Board Member without any restrictions

J.N. Cunha Rodrigues, P
[2010] EUECJ C-232/09, ECLI:EU:C:2010:674,, [2011] 2 CMLR 2
Bailii
Directive 92/85/EEC
Citing:
OpinionDanosa v LKB Lizing SIA ECJ 2-Sep-2010
ECJ Opinion – Social Policy – Directive 92/85 – Scope – Member of executive committee of a company – Worker – Existence of a relationship – Legislation authorizing the dismissal of a member of the Executive . .

Cited by:
CitedHalawi v WDFG UK Ltd (T/A World Duty Free) CA 28-Oct-2014
The claimant said that she had been discriminated against on the grounds of her religion. She worked as a beauty consultant at the airport, but through a limited company. Her airside pass had been withdrawn. She now appealed against rejection of her . .

Lists of cited by and citing cases may be incomplete.

European, Employment, Discrimination

Updated: 22 December 2021; Ref: scu.538144

Unitrading Ltd v Staatssecretaris van Financien: ECJ 23 Oct 2014

ECJ Judgment – Reference for a preliminary ruling – Community Customs Code – Recovery of import duties – Origin of goods – Means of proof – Charter of Fundamental Rights of the European Union – Article 47 – Rights of the defence – Right to effective judicial protection – Procedural autonomy of the Member States

S. Rodin, P
C-437/13, [2014] EUECJ C-437/13
Bailii

European, Customs and Excise

Updated: 22 December 2021; Ref: scu.538007

Haeger and Schmidt GmbH v Mutuelles du Mans assurances IARD: ECJ 23 Oct 2014

ECJ Judgment – References for a preliminary ruling – Reference for a preliminary ruling – Rome Convention on the law applicable to contractual obligations – Article 4(1), (2), (4) and (5) – Law applicable by default – Commission contract for the carriage of goods – Contract for the carriage of goods

Ilesic P
C-305/13, [2014] EUECJ C-305/13
Bailii

European, Contract, Transport

Updated: 22 December 2021; Ref: scu.538005

Olainfarm v Latvijas Republikas Veselibas ministrija: ECJ 23 Oct 2014

ECJ Judgment – Reference for a preliminary ruling – Approximation of laws – Industrial policy – Directive 2001/83/EC – Medicinal products for human use – Article 6 – Marketing authorisation – Article 8(3)(i) – Requirement to attach to the application for authorisation the results of pharmaceutical pre-clinical tests and clinical trials – Derogations relating to pre-clinical tests and clinical trials – Article 10 – Generic medicinal products – Concept of ‘reference medicinal product’ – Whether the holder of a marketing authorisation for a reference medicinal product has an individual right to oppose the marketing authorisation of a generic of the reference product – Article 10a – Medicinal products of which the active substances have been in well-established medicinal use within the European Union for at least 10 years – Whether it is possible to use a medicinal product for which authorisation has been granted on the basis of the derogation provided for in Article 10a as a reference medicinal product for the purpose of obtaining a marketing authorisation for a generic product

T von Danwitz, P
C-104/13, [2014] EUECJ C-104/13
Bailii
Directive 2001/83/EC 8(3)(1)

European

Updated: 22 December 2021; Ref: scu.538006

Italy v Commission: ECFI 21 Oct 2014

ECJ Judgment – Failure to comply with a judgment of the Court establishing a breach of State – Penalty payment – liquidation of the penalty decision – Obligation to recover – Enterprises subject of bankruptcy proceedings – subject of bankruptcy proceedings involved – Diligence required – Burden of proof

T-268/13, [2014] EUECJ T-268/13, ECLI: EU: T: 2014: 90
Bailii

European

Updated: 22 December 2021; Ref: scu.537953

Commission v Netherlands: ECJ 22 Oct 2014

ECJ Failure of a Member State to fulfil obligations – Directives 2002/73/EC and 2006/54/EC – Equal treatment for men and women – Employment and occupation – Access to employment – Return from maternity leave – Formal requirements for the application initiating proceedings – Coherent summary of the pleas – Unambiguous wording of the form of order sought)

A. Borg Barthet, P
C-252/13, [2014] EUECJ C-252/13, ECLI:EU:C:2014:2312
Bailii
Directive 2002/73/EC, Directive 2006/54/EC

European, Discrimination

Updated: 22 December 2021; Ref: scu.537952

Szajner v OHMI – Forge De Laguiole (Laguiole): ECFI 21 Oct 2014

Judgment – Community trade mark – Invalidity proceedings – Community word mark LAGUIOLE – Earlier French Company name Forge de Laguiole – Article 53, paragraph 1 c) and Article 8, paragraph 4 of Regulation (EC) No 207/2009

T-453/11, [2014] EUECJ T-453/11, ECLI:EU:T:2014:901
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 22 December 2021; Ref: scu.537955

Blanco v Agenzia delle Entrate – Direzione Provinciale I di Roma – Ufficio Controlli: ECJ 22 Oct 2014

ECJ Reference for a preliminary ruling – Freedom to provide services – Restrictions – Tax legislation – Income from winnings from games of chance – Difference in taxation between winnings obtained abroad and those from national casinos

M Ilesic P
C-344/13, [2014] EUECJ C-344/13, ECLI:EU:C:2014:2311
Bailii

European, Income Tax

Updated: 22 December 2021; Ref: scu.537950

Spain v Commission: ECJ 22 Oct 2014

ECJ Appeal – Cohesion fund – Reduction of financial assistance – Irregularities in the application of the public procurement legislation – Adoption of the decision by the European Commission – Failure to comply with the time-limit – Consequences

S. Rodin, P
C-429/13, [2014] EUECJ C-429/13, ECLI:EU:C:2014:2310
Bailii

European

Updated: 22 December 2021; Ref: scu.537954

Vaex Varkens-En Veehandel v Productschap Vee en Vlees: ECJ 16 Oct 2014

ECJ Judgment – Reference for a preliminary ruling – Agriculture – Regulation (EC) No 612/2009 – Export refunds – Regulation (EC) No 376/2008 – System of export licences – Export declaration submitted before the export licence was issued – Export carried out during the period of validity of the export licence – Rectification of irregularities

A. Borg Barthet, P
C-387/13, [2014] EUECJ C-387/13, ECLI:EU:C:2014:2296
Bailii
European

European

Updated: 22 December 2021; Ref: scu.537705

Junited Autoglas Deutschland v OHMI – Belron Hungary (United Autoglas) (Judgment): ECFI 16 Oct 2014

ECJ Community trade mark – Opposition proceedings – Application for the Community word mark United Autoglas – Earlier national figurative mark AUTOGLASS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

A. Dittrich (Rapporteur), P
T-297/13, [2014] EUECJ T-297/13, ECLI:EU:T:2014:893
Bailii
European
Cited by:
CitedStarbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 22 December 2021; Ref: scu.537695

Larranaga Otano v OHIM (Graphene) T-459/13: ECFI 16 Oct 2014

ECFI Judgment – Community trade mark – Application for Community word mark GRAPHENE – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009

Mr. D. Gratsias, P
T-459/13, [2014] EUECJ T-459/13, ECLI: EU T: 2014 892
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 22 December 2021; Ref: scu.537697

Liberation Tigers of Tamil Eelam (LTTE) v Council of the European Union: ECFI 16 Oct 2014

ECFI Common foreign and security policy – Restrictive measures against certain persons and entities with a view to combating terrorism – Freezing of funds – Applicability of Regulation (EC) No 2580/2001 to situations of armed conflict – Possibility for an authority of a third State to be classified as a competent authority within the meaning of Common Position 2001/931/CFSP – Factual basis of the decisions to freeze funds – Reference to terrorist acts – Need for a decision of a competent authority for the purpose of Common Position 2001/931

F. Dehousse (Rapporteur)
T-208/11, [2014] EUECJ T-208/11, ECLI:EU:T:2014:885
Bailii
Regulation (EC) No 2580/2001

European

Updated: 22 December 2021; Ref: scu.537698

Federacion Espanola De Hostelera v EACEA: ECFI 16 Oct 2014

ECFI Judgment – Action for annulment – Programme in the field of education and training throughout life – Contract for the project ‘Virtual Simulator for language learning for tourism professionals (email client)’ – letter prior information – Contractual nature of the dispute – Non recourse – No reclassification of contract – Inadmissible

T-340/13, [2014] EUECJ T-340/13, ECLI: EU: T: 2014 889
Bailii
European

Education

Updated: 22 December 2021; Ref: scu.537694

Evropaiki Dynamiki v Commission: ECFI 16 Oct 2014

ECFI Judgment – Non-contractual liability – Public service contracts – Disclosure to third parties by the Commission allegedly harmful information to the reputation of the applicant – Moral prejudice – Sufficiently serious breach of a rule of law conferring rights on individuals

MM. A. Dittrich, P
T-297/12, [2014] EUECJ T-297/12
Bailii
European

European

Updated: 22 December 2021; Ref: scu.537693

Novartis v OHMI – Tenimenti Angelini (Linex): ECFI 16 Oct 2014

ECFI Judgment – Community trade mark – Opposition proceedings – Application for Community word mark LINEX – Earlier national word mark LINES PERLA – Relative ground for refusal – Likelihood of confusion – Article 76(1), in fine, of Regulation (EC) No 207/2009 – Article 8(1)(b) of Regulation No 207/2009

A. Dittrich (Rapporteur), P
T-444/12, [2014] EUECJ T-444/12, ECLI:EU:T:2014:886
Bailii

European

Updated: 22 December 2021; Ref: scu.537701

Alcoa Trasformazioni Srl v Republique Italienne: ECFI 16 Oct 2014

ECFI Judgment – State aid – Electricity – Preferential tariff – Decision declaring the aid incompatible with the common market and ordering its recovery – Advantage – Obligation to state reasons – Amount of aid – New aid

T-177/10, [2014] EUECJ T-177/10, ECLI: EU: T: 2014: 897
Bailii
European

European, Utilities

Updated: 22 December 2021; Ref: scu.537687

Alpiq Romindustries and Alpiq Romenergie v Commission: ECFI 16 Oct 2014

ECFI Judgment – State aid – Electricity – Preferential rates – Decision to initiate the procedure provided for in Article 108, paragraph 2, TFEU – Action for annulment – Non-actionable measure – Measure completely performed using the date of commencement of proceedings – Inadmissible

T-129/13, [2014] EUECJ T-129/13, ECLI: EU T: 2014 895
Bailii
TFEU 108

European, Utilities

Updated: 22 December 2021; Ref: scu.537688

Alro SA v Commission: ECFI 16 Oct 2014

ECFI Judgment – State aid – Electricity – Preferential tariffs – Decision to initiate the procedure provided for in Article 108(2) TFEU – Action for annulment – Act not open to challenge – Aid measure fully implemented, in part, as at the date of the decision and, in part, when the action was brought – Inadmissibility

T-517/12, [2014] EUECJ T-517/12, ECLI:EU:T:2014:890
Bailii
TFEU 108(2)
European

European

Updated: 22 December 2021; Ref: scu.537689

Commission v Germany: ECJ 16 Oct 2014

ECJ Judgment – Failure to fulfill obligations – Free movement of goods – Legislation of a Member State requiring certain construction products bearing the marking’ CE ‘comply with additional national standards – Lists of construction rules (‘Bauregellisten’)

C-100/13, [2014] EUECJ C-100/13, ECLI: EU: C: 2014, 2293
Bailii
European

European

Updated: 22 December 2021; Ref: scu.537690

De Bruin v Parliament: ECJ 15 Oct 2014

ECJ Judgment – Public service – Officer Trainee – Article 34 of the Statute – Internship Report establishing the inability of the trainee – Extension of the probationary period – Dismissal at the end of the probationary period – Grounds for termination – Performance – Haste in carrying benefits – Manifest errors of assessment – Irregularities in the proceedings – Time limit to the Reports Committee to give its opinion

F-15/14, [2014] EUECJ F-15/14, ECLI: EU: F: 2014: 236 [
Bailii

European

Updated: 22 December 2021; Ref: scu.537691

El Corte Ingles v OHMI – English Cut (The English Cut): ECFI 15 Oct 2014

ECFI Judgment – Community trade mark – Opposition proceedings – Application for Community word mark The English Cut – Earlier Community word and figurative marks National El Corte Ingles – Relative grounds for refusal – No likelihood of confusion – Article 8, paragraph 1 b) Regulation (EC) No 207/2009 – No likelihood of association – Link between the signs – No similarity of the signs – Article 8, paragraph 5 of Regulation No 207/2009

T-515/12, [2014] EUECJ T-515/12, [2016] EUECJ T-515/12
Bailii, Bailii
Regulation No 207/2009 8(5)

European, Intellectual Property

Updated: 22 December 2021; Ref: scu.537607

Van De Water v Parliament: ECJ 15 Oct 2014

ECJ Judgment – Civil service – Rights and obligations of officials – Declaration of intention to engage in an occupational activity after leaving the service – Article 16 of the Staff Regulations – Compatibility with the legitimate interests of the institution – Prohibition

F-86/13, [2014] EUECJ F-86/13
Bailii

European

Updated: 22 December 2021; Ref: scu.537611

Skysoft Computersysteme v OHMI – British Sky Broadcasting Group And Sky Ip International (Skysoft): ECFI 15 Oct 2014

ECFI Judgment – Community trade mark – Opposition proceedings – Application for Community word mark SKYSOFT – Earlier Community word mark SKY – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

M. Prek, P
T-262/13, [2014] EUECJ T-262/13
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 22 December 2021; Ref: scu.537610

Hosticka And Others v Ceska republika – Ministerstvo zemedelstvi: ECJ 15 Oct 2014

ECJ Judgment – Reference for a preliminary ruling – Common agricultural policy – Support schemes – Establishment of support schemes in the new Member States – Regulation (EC) No 1782/2003 – Article 143ba – Regulation (EC) No 73/2009 – Article 126 – Separate sugar payment – Decoupling of that payment from production – Meaning of ‘the criteria adopted by the relevant Member States in 2006 and 2007’ – Representative period

C-561/13, [2014] EUECJ C-561/13
Bailii
Regulation (EC) No 1782/2003 143ba, Regulation (EC) No 73/2009 126

European, Agriculture

Updated: 22 December 2021; Ref: scu.537608

Van Caster And Van Caster (Judgment): ECJ 9 Oct 2014

ECJ Reference for a preliminary ruling – Free movement of capital – Article 63 TFEU – Taxation of income from investment funds – Investment fund’s obligations to communicate and publish certain information – Flat-rate taxation of income from investment funds which do not comply with communication and publication obligations

A. Tizzano, P
C-326/12, [2014] EUECJ C-326/12
Bailii
TFEU 53
European

Financial Services

Updated: 22 December 2021; Ref: scu.537479

Alouminion v Commission: ECFI 8 Oct 2014

ECFI (Judgment) (French Text) State aid – Aluminium – Preferential Tariff contract awarded by electricity – Decision declaring the aid illegal and incompatible with the internal market – Termination of contract – Suspension judicial, summary proceedings, the effects of the termination of the contract – New aid

M. Prek, P
T-542/11, [2014] EUECJ T-542/11, [2018] EUECJ T-542/11RENV
Bailii, Bailii

European

Updated: 22 December 2021; Ref: scu.537448

Bermejo Garde v EESC: ECFI 8 Oct 2014

ECFI (Judgment) (French Text) Appeal – Civil service – Officials – Psychological harassment – illegal activities which affect the interests of the Union – Serious breach of obligations by officials – Articles 12a and 22a of the Staff – Termination by the applicant – Reassignment following such termination – No referral to OLAF by the supervisor who received information – Acts adversely affecting – Good faith – Rights of the defense – Jurisdiction of the perpetrator

MM. M. Jaeger, P
T-530/12, [2014] EUECJ T-530/12, ECLI: EU: T: 2014 860
Bailii
Citing:
See AlsoBermejo Garde v EESC ECFI 8-Oct-2014
ECFI (Judgment) (French Text) Appeal – Civil service – Officials – Recruitment – Notice of vacancy – Appointment to the post of Director – Withdrawal of the Applicant – Appointment of another candidate – . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 22 December 2021; Ref: scu.537450

Fuchs v OHMI – Les Complices (Etoile Dans Un Cercle): ECFI 8 Oct 2014

ECFI (Judgment) (French Text) Community trade mark – Opposition proceedings – Application for a Community figurative mark representing a star within a circle – Earlier Community and national figurative marks representing a star within a circle – Relative ground for refusal – Likelihood of confusion – Distinctive character of the earlier mark – Article 8(1)(b) of Regulation No 207/2009 – Revocation of the earlier Community mark – Continued interest in bringing proceedings – Failure to find that there was no need to adjudicate in part

M.E. Martins Ribeiro, P
T-342/12, [2014] EUECJ T-342/12, ECLI:EU:T:2014:858
Bailii

European

Updated: 22 December 2021; Ref: scu.537451

Laboratoires Polive v OHMIi – Arbora and Ausonia (Dodie): ECFI 8 Oct 2014

ECFI (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark DODIE – Earlier national word mark DODOT – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Power to alter decisions

G. Berardis (Rapporteur), P
T-77/13, [2014] EUECJ T-77/13, ECLI:EU:T:2014:862
Bailii
Regulation (EC) No 207/2009 8(1)(b)
Citing:
See AlsoLaboratoires Polive v OHMI – Arbora and Ausonia (Dodie) ECFI 8-Oct-2014
ECFI (Judgment) Community trade mark – Opposition proceedings – Application for Community figurative mark dodie – Earlier national word marks DODOT – Relative ground for refusal – No likelihood of confusion – . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 22 December 2021; Ref: scu.537453

Laboratoires Polive v OHMI – Arbora and Ausonia (Dodie): ECFI 8 Oct 2014

ECFI (Judgment) Community trade mark – Opposition proceedings – Application for Community figurative mark dodie – Earlier national word marks DODOT – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-122/13, [2014] EUECJ T-122/13, ECLI:EU:T:2014:863
Bailii
Cited by:
See AlsoLaboratoires Polive v OHMIi – Arbora and Ausonia (Dodie) ECFI 8-Oct-2014
ECFI (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark DODIE – Earlier national word mark DODOT – Relative ground for refusal – No likelihood of confusion – Article . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 22 December 2021; Ref: scu.537452

Traum (Judgment): ECJ 9 Oct 2014

ECJ Reference for a preliminary ruling – Taxation – VAT – Directive 2006/112/EC – Article 138(1) – Exemptions for intra-Community transactions – Purchaser not registered for VAT purposes – Whether the vendor is required to establish the authenticity of the signature of the purchaser or his representative – Principles of proportionality, legal certainty and protection of legitimate expectations – Direct effect

C-492/13, [2014] EUECJ C-492/13
Bailii
Directive 2006/112/EC 138(1)
European

VAT

Updated: 22 December 2021; Ref: scu.537478

Schenker v Commission: ECFI 7 Oct 2014

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Administrative Record and final – Commission decision concerning a cartel, non-confidential version of the decision – Refusal of access – Obligation to carry out a concrete, individual examination – Exception on the protection of commercial interests of a third party – Exception relating to the protection of the purpose of investigations – Compelling public interest

H. Kanninen (Rapporteur), P
T-534/11, [2014] EUECJ T-534/11
Bailii
Regulation (EC) No 1049/2001

European

Updated: 22 December 2021; Ref: scu.537372

Tifosi Optics v OHMI – Tom Tailor (T): ECFI 7 Oct 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark T – Earlier Community figurative mark T – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

H. Kanninen, P
T-531/12, [2014] EUECJ T-531/12, ECLI:EU:T:2014:855
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 22 December 2021; Ref: scu.537373

Internetportal Und Marketing v Richard Schlicht: ECJ 3 Jun 2010

EC Internet .eu Top Level Domain – Regulation (EC) No 874/2004 – Domain names – Phased registration – Special characters – Speculative and abusive registrations – Concept of ‘bad faith’

J.N. Cunha Rodrigues, P
[2010] EUECJ C-569/08, [2010] ETMR 48, [2011] Bus LR 726
Bailii
Regulation (EC) No 874/2004
Citing:
OpinionInternetportal Und Marketing v Richard Schlicht ECJ 10-Feb-2010
ECJ Opinion – Internet .eu -Top Level Domain – Regulation (EC) No 874/2004 Article 21 – Registration of a domain by the proprietor of a national trade mark acquired for the sole purpose of enabling that . .

Lists of cited by and citing cases may be incomplete.

European, Licensing, Intellectual Property

Updated: 22 December 2021; Ref: scu.537344

Lumsdon and Others, Regina (on The Application of) v Legal Services Board and Others: CA 7 Oct 2014

The claimants sought to challenge the respondent’s decision to introduce the Quality Assurance Scheme for Advocates.
Held: Arden LJ and Lord Neuberger of Abbotsbury MR analysed the cases as yielding a ‘manifestly inappropriate’ test. They then applied that test in the different context of a national measure restricting a fundamental freedom.
Laws LJ correctly attached importance to case law concerned with national measures restricting the free movement of goods, but focused particularly upon a case concerned with the maintenance of a national retail monopoly (Rosengren v Riksaklagaren), in which the court found that the monopoly was unsuitable for attaining the ostensible aim of protecting health.

Lord Dyson MR, Fulford, Sharp lJJ
[2014] EWCA Civ 1276, [2014] WLR(D) 413
Bailii, WLRD
England and Wales
Citing:
See AlsoLumsdon and Others v Legal Services Board Admn 30-Oct-2013
The claimants, practising barristers and members of the Criminal Bar Association sought a declaration that the Quality Assurance Scheme for Advocates approved by the defendant was unlawful. . .
Appeal fromLumsdon and Others, Regina (on The Application of) v Legal Services Board Admn 20-Jan-2014
Four barristers challenged, by a judicial review, a decision by which the LSB approved an application proposed by the BSB jointly with two other approved regulators, the SRA and IPS, to introduce the Quality Assurance Scheme for Advocates . .

Cited by:
Appeal fromLumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .

Lists of cited by and citing cases may be incomplete.

Legal Professions, European

Updated: 22 December 2021; Ref: scu.537365

Orgacom BVBA v Vlaamse Landmaatschappij: ECJ 2 Oct 2014

ECJ (Judgment) Reference for a preliminary ruling – Charges having equivalent effect to customs duties – Internal taxes – Import levy on manure imported into the Flanders region – Articles 30 TFEU and 110 TFEU – Levy payable by the importer – Different levies on imported manure and manure produced within the Flanders region

JL da Cruz Vilaca (Rapporteur), P
C-254/13, [2014] EUECJ C-254/13
Bailii
TFEU 30

European, Customs and Excise

Updated: 22 December 2021; Ref: scu.537313

Spraylat v ECHA: ECFI 2 Oct 2014

ECJ (Judgment) REACH – Fee for registration of a substance – Reduction granted to micro-, small and medium-sized enterprises – Error in declaration relating to the size of the enterprise – Decision imposing an administrative charge – Proportionality

T-177/12, [2014] EUECJ T-177/12
Bailii
European

European

Updated: 22 December 2021; Ref: scu.537314

Societe Fives Lille Cail and others v High Authority of the European Coal and Steel Community: ECJ 15 Dec 1961

ECJ The admissibility of an action for failure to act based on the first paragraph of article 35 is subject in the first place to a finding that the high authority had, under a provision of the treaty or of rules laid down for the implementation thereof, a duty to take a decision or make a recommendation.
The court must of its own motion consider whether the provisions governing the form of applications have been complied with since those provisions affect not only the interests of the parties but also the right of the court to exercise its power of judicial review.
The words ‘brief statement of the grounds’ used in the protocol on the statute of the court of justice and the rules of procedure mean that, although the application need not conform with the phraseology of the first paragraph of article 33, it must specify the nature of the grounds on which the application is based. Although a mere abstract statement of the grounds in the application does not alone satisfy this requirement, the grounds may be expressed in terms of their substance rather than of their legal classification provided that the ground of complaint relied upon is established in relation to the facts which have been set out.
When brought as an alternative to an application for annulment, an application for damages under article 40 of the ecsc treaty is admissible only if it is based on grounds which are independent of those of the application for annulment.

C-19/60, [1961] EUECJ C-19/60
Bailii
European

European

Updated: 22 December 2021; Ref: scu.131635

Commission v Poland: ECJ 2 Oct 2014

ECJ (Judgment) – Failure to fulfill obligations – Directive 2001/18 / EC – Deliberate release of genetically modified (GM) organisms into the environment – Placing on the market – Article 31, paragraph 3 b) – Location cultivated GMOs – Obligation information relevant authorities – Obligation to establish a public register – Sincere cooperation

C-478/13, [2014] EUECJ C-478/13
Bailii
Directive 2001/18/EC

European, Agriculture

Updated: 22 December 2021; Ref: scu.537310

DF v Commission: ECJ 1 Oct 2014

ECJ Judgment – Civil service – Remuneration – Expatriation allowance – Travel expenses – Secondment of the applicant in a country of which he is a national – Condition set out in Article 4(1)(b) of Annex VII to the Staff Regulations

S. Van Raepenbusch, P
F-91/13, [2014] EUECJ F-91/13
Bailii

European

Updated: 21 December 2021; Ref: scu.537231

E v B: ECJ 1 Oct 2014

ECFI Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Articles 8, 12 and 15 – Jurisdiction in matters of parental responsibility – Proceedings relating to the custody of a child habitually resident in the Member State of residence of his mother – Prorogation of jurisdiction in favour of a court of the Member State of residence of the father – Scope

R. Silva de Lapuerta, P
C-436/13, [2014] EUECJ C-436/13
Bailii

European

Updated: 21 December 2021; Ref: scu.537232

Italy v Commission: ECFI 1 Oct 2014

ECFI Judgment – Social policy – Community action programs in the field of youth – Partial repayment of the funding provided – Ineligibility of certain amounts – Exceeding the ceiling for a class of shares – Implementation by national agencies Recovery Procedures sums improperly used at the final beneficiary

MM. G. Berardis (Rapporteur), P
T-256/13, [2014] EUECJ T-256/13
Bailii

European

Updated: 21 December 2021; Ref: scu.537233

Lausitzer Fruchteverarbeitung v OHMI – Rivella International (Holzmichel): ECFI 1 Oct 2014

ECFI Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark Holzmichel – international figurative marks Michel and Michel POWER – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

T-263/13, [2014] EUECJ T-263/13
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537234

Marcuccio v Commission: ECFI 18 Sep 2014

ECFI Order – Appeal – Civil service – Officials – Dismissal of the appeal in the first instance as manifestly inadmissible – Lack of identity between the application lodged by fax and subsequently filed the original appeal -Delay – Lateness – Appeal in part manifestly inadmissible and in part manifestly unfounded ‘

T-699/13, [2014] EUECJ T-699/13 – CO
Bailii

European

Updated: 21 December 2021; Ref: scu.537223

Royal Scandinavian Casino Arhus v Commission: ECFI 26 Sep 2014

ECFI Judgment – Action for annulment – State aid – Online Games – Introduction to Denmark lower taxes for online games for casinos and gaming rooms – Decision declaring the aid compatible with the internal market – Aid to facilitate the development of certain activities – No individual concern – Regulatory Act with enforcement action – Inadmissible

T-615/11, [2014] EUECJ T-615/11
Bailii

European

Updated: 21 December 2021; Ref: scu.537224

Etat belge SPF Finances v Les Vergers Du Vieux Tauves: ECJ 22 Dec 2008

ECJ Corporation taxes – Directive 90/435/EEC – Status of parent company Capital holding Holding of shares in usufruct

[2008] EUECJ C-48/07
Bailii
Directive 90/435/EEC
Citing:
OpinionEtat belge SPF Finances v Les Vergers Du Vieux Tauves ECJ 3-Jul-2008
ECJ Opinion – Directive 90/435 Parent company Holder of right of usufruct over shares. . .

Lists of cited by and citing cases may be incomplete.

European, Corporation Tax

Updated: 21 December 2021; Ref: scu.537072

Osorio And Others v EEAS: ECJ 25 Sep 2014

ECJ Judgment – Civil service – Remuneration – EEAS staff serving in a third country – Decision of the appointing authority to amend the list of third countries where living conditions are equivalent to those usual in the EU – Measure of general application – Admissibility of – Annual assessment of the allowance for living conditions – Removed

S. Van Raepenbusch (Rapporteur), P
F-101/13, [2014] EUECJ F-101/13, ECLI: EU F: 2014: 223
Bailii

European

Updated: 21 December 2021; Ref: scu.537064

Arctic Paper Mochenwangen v Commission: ECFI 26 Sep 2014

ECFI Judgment – Environment – Directive 2003/87/ EC – Trading Scheme gas emissions greenhouse – Transitional rules regarding harmonized allocation of emission allowances for free in 2013 – Decision 2011/278 / EU – National implementation measures by Germany – Clause on cases with undue hardship – Freedom of business – Right to property – Proportionality

MM. A. Dittrich (Rapporteur), P
T-634/13, [2014] EUECJ T-634/13
Bailii
Directive 2003/87/ EC

European, Environment

Updated: 21 December 2021; Ref: scu.537050

Molda v Commission: ECFI 26 Sep 2014

ECFI Judgment – Environment – Directive 2003/87/EC – Trading Scheme gas emissions greenhouse – Transitional rules regarding harmonized allocation of emission allowances for free in 2013 – Decision 2011/278/EU – National implementation measures by Germany – Clause on cases with undue hardship – Professional Freedom and Enterprise – Right to property – Proportionality

A. Dittrich (Rapporteur), P
T-629/13, [2014] EUECJ T-629/13
Bailii
Directive 2003/87/EC

European

Updated: 21 December 2021; Ref: scu.537063

Giorgis v OHMI – Comigel (Forme De Deux Gobelets Emballes): ECFI 25 Sep 2014

ECFI Judgment – Community trade mark – Invalidity proceedings – Three-dimensional Community trade mark – Shape of two packaged goblets – Absolute ground for refusal – Lack of distinctive character – Lack of distinctive character acquired through use – Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009

M. van der Woude, P
T-474/12, [2014] EUECJ T-474/12
Bailii
Regulation (EC) No 207/2009 7(1)(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537059

Spirlea v Commission: ECFI 25 Sep 2014

ECFI Judgment – Access to documents – Regulation (EC) No 1049/2001 – Document issued by Germany as part of an EU Pilot procedure – Article 4, paragraphs 4 and 5 – Article 4, paragraph 2, third indent – Refusal access – Breach of essential procedural requirements – Duty to carry out a concrete, individual examination – Partial access – Overriding public interest

D. Gratsias, P
T-669/11, [2014] EUECJ T-669/11, ECLI: EU: T 2014: 814
Bailii
Regulation (EC) No 1049/2001

European

Updated: 21 December 2021; Ref: scu.537069

Flying Holding and Others v Commission: ECFI 26 Sep 2014

ECFI Judgment – Public service contracts – Tender procedure – Provision of non-scheduled air transport of passengers and charter air taxi – Rejection of application – Article 94 b) of the Financial Regulation – Rights of the defense – Article 134, paragraph 5, of the Implementing Rules of the Financial Regulation – Action for annulment – Letter responding to a request of the applicants – Act not amenable to review – Award Decision – No direct concern – Inadmissibility – Non-contractual liability

M me ME Martins Ribeiro, P
T-91/12, [2014] EUECJ T-91/12
Bailii

European

Updated: 21 December 2021; Ref: scu.537058

Evropaiki Dynamiki v Commission: ECFI 26 Sep 2014

ECFI Judgment – Public service contracts – Tender procedure – Renovation of a website – Rejection of a tenderer’s tender – Award of contract to another tenderer – Action for annulment – Obligation to state reasons – Award criteria – Manifest errors of assessment – Claim for damages

M.E. Martins Ribeiro (Rapporteur), P
T-498/11, [2014] EUECJ T-498/11
Bailii
European

European

Updated: 21 December 2021; Ref: scu.537057

Koscher + Wutz v OMI – Kirchner and Wilhelm (KW Surgical Instruments): ECFI 26 Sep 2014

ECFI Judgment – Community trade mark – Opposition proceedings – international registration designating the European Community – Figurative mark KW SURGICAL INSTRUMENTS – Earlier national word mark Ka We – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Appeals procedure – Scope of the examination to be conducted by the Board of Appeal – Proof of genuine use of the earlier mark – Application to the Opposition Division – Refusal registration of the mark applied without examining the condition of genuine use of the earlier mark – Error of law – Power to alter

M me ME Martins Ribeiro, P
T-445/12, [2014] EUECJ T-445/12
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537062

Grazyte v Commission: ECFI 25 Sep 2014

ECFI Judgment – Appeal – Staff case – Temporary staff – Remuneration – Expatriation allowance – Conditions laid down in Article 4, paragraph 1 b) of Annex VII – Period decadal reference – Functions in an international organization

MM. M. Jaeger, P
T-86/13, [2014] EUECJ T-86/13, ECLI: EU: T: 2014 815
Bailii

European

Updated: 21 December 2021; Ref: scu.537060

Dansk Automat Brancheforening v Commission: ECFI 26 Sep 2014

ECFI Judgment – Actions for annulment – State aid – Online gaming – Introduction in Denmark of lower taxes for online gaming than for casinos and amusement arcades – Decision declaring aid compatible with the internal market – Aid to facilitate the development of certain activities – Lack of individual concern – Regulatory act entailing implementing measures – Inadmissibility

A. Dittrich (Rapporteur), P
T-601/11, [2014] EUECJ T-601/11
Bailii

European

Updated: 21 December 2021; Ref: scu.537055

Ted-Invest v OHMI – Scandia Down (Sensi Scandia): ECFI 25 Sep 2014

ECFI Judgment – Community trade mark – Invalidity proceedings – Community figurative mark sensi scandia – Earlier Community word mark SCANDIA HOME – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009

S. Frimodt Nielsen, P
T-516/12, [2014] EUECJ T-516/12, ECLI:EU:T:2014:811
Bailii
Regulation (EC) No 207/2009 53(1)(a)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537070

DK Recycling und Roheisen v Commission: ECFI 26 Sep 2014

ECFI Judgment – Environment – Directive 2003/87/EC – Trading Scheme gas emissions greenhouse – Transitional rules regarding harmonized allocation of emission allowances for free in 2013 – Decision 2011/278 / EU – National implementation measures by Germany – Clause on cases with undue hardship – Freedom of business – Right to property – Proportionality

MM. A. Dittrich (Rapporteur), P
T-630/13, [2014] EUECJ T-630/13
Bailii
Directive 2003/87/EC

European, Environment

Updated: 21 December 2021; Ref: scu.537056

Cewe Stiftung v OHIM (Smilecard): ECFI 25 Sep 2014

ECFI Judgment – Community trade mark – Application for Community word mark Smilecard – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009

MM. Frimodt S. Nielsen, P
T-484/12, [2014] EUECJ T-484/12, ECLI: EU: T: 2014: 810
Bailii
Regulation (EC) No 207/2009 1(c)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537054

Julien-Malvy and Others v EEAS: EUCST 25 Sep 2014

EUCST Judgment – Civil service – Remuneration – Staff of the EEAS assigned to a third country – Decision of the appointing authority amending the list of third countries in respect of which the living conditions are equivalent to those normally obtaining in the European Union – Measure of general application – Admissibility of the action – Annual assessment of the allowance for living conditions – Abolition)

F-100/13, [2014] EUECJ F-100/13, ECLI:EU:F:2014:224
Bailii

European

Updated: 21 December 2021; Ref: scu.537061