Judgments (Court of First Instance)
-
Judgments nº T-353/07 of Court of First Instance of the European Communities, November 30, 2009
Community trade mark – Opposition proceedings – Application for Community figurative mark COLORIS – Earlier national word mark COLORIS – Relative ground for refusal – Genuine use of the earlier trade mark – Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009)
-
Judgments nº T-376/07 of Court of First Instance of the European Communities, November 25, 2009
State aid – Aid to small and medium-sized enterprises – Decision requiring information to be provided concerning two State aid schemes – Commission’s monitoring powers under the fourth sentence of Article 9(2) of Regulation (EC) No 70/2001
-
Judgments nº T-334/07 of Court of First Instance of the European Communities, November 19, 2009
Plant-protection products – Active substance dichlorvos – Non-inclusion in Annex I to Directive 91/414/EEC – Evaluation procedure – Opinion of an EFSA Scientific Panel – Plea of illegality – Article 20 of Regulation (EC) No 1490/2002 – Submission of new studies and data during the evaluation procedure – Article 8 of Regulation (EC) No 451/2000 – Article 28(1) of Regulation (EC) No 178/2002 –...
-
Judgments nº T-399/08 of Court of First Instance of the European Communities, November 19, 2009
Community trade mark – International registration designating the European Community – Word mark CLEARWIFI – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
-
Judgments nº T-425/07 of Court of First Instance of the European Communities, November 19, 2009
Community trade mark – Applications for Community figurative marks 100 and 300 – Statement as to the scope of protection – Article 38(2) of Regulation (EC) No 40/94 (now Article 37(2) of Regulation (EC) No 207/2009) – Lack of distinctive character
-
Judgments nº T-426/07 of Court of First Instance of the European Communities, November 19, 2009
Community trade mark – Applications for Community figurative marks 100 and 300 – Statement as to the scope of protection – Article 38(2) of Regulation (EC) No 40/94 (now Article 37(2) of Regulation (EC) No 207/2009) – Lack of distinctive character
-
Judgments nº T-234/06 of Court of First Instance of the European Communities, November 19, 2009
Community trade mark – Invalidity proceedings – Community word mark CANNABIS – Absolute ground for refusal – Descriptive character – Articles 7(1)(c) and 51(1)(a) of Regulation (EC) No 40/94 (now Articles 7(1)(c) and 52(1)(a) of Regulation (EC) No 207/2009)
-
Judgments nº T-298/06 of Court of First Instance of the European Communities, November 19, 2009
Community trade mark – Application for Community word mark 1000 – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
-
Judgments nº T-375/04 of Court of First Instance of the European Communities, November 18, 2009
State aid – Agriculture – State aid for quality programmes in the agricultural foodstuffs sector in Austria – Decision not to raise objections – Action for annulment – Standing as party concerned – Safeguarding procedural rights – Admissibility – Serious difficulties – Guidelines for State aid for advertising
-
Judgments nº T-143/06 of Court of First Instance of the European Communities, November 17, 2009
Dumping – Imports of polyethylene terephthalate film originating in India – Regulation terminating an interim review – Minimum import price undertakings – Determination of the export price – Application of a methodology different from that used in the initial investigation – Choice of legal basis – Article 2(8) and (9) and Article 11(3) and (9) of Regulation (EC) No 384/96
-
Judgments nº T-473/08 of Court of First Instance of the European Communities, November 17, 2009
Community trade mark – Application for Community word mark THINKING AHEAD – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
-
Judgments nº T-140/08 of Court of First Instance of the European Communities, October 14, 2009
Community trade mark - Invalidity proceedings - Community figurative trade mark TiMi KiNDERJOGHURT - Earlier word mark KINDER - Relative ground for refusal - Lack of similarity of the signs - Earlier opposition proceedings - Absence of res judicata - Article 8(1)(b), Article 8(5) and Article 52(1)(a) of Regulation (EC) No 40/94 [now Article 8(1)(b), Article 8(5) and Article 53(1)(a) of Regulation
-
Judgments nº T-380/06 of Court of First Instance of the European Communities, October 07, 2009
Plant protection products - Active substance chlorothalonil - Amendment of the entry in Annex I to Directive 91/414/EEC - Directive 2006/76/EC - Retroactivity - No transitional period - Legal certainty - Legitimate expectations - Principle of equal treatment
-
Judgments nº T-420/05 of Court of First Instance of the European Communities, October 07, 2009
Plant protection products - Active substance chlorothalonil - Inclusion in Annex I to Directive 91/414/EEC - Assessment procedure - Directive 2005/53/EC - Application for annulment - Application for a declaration of failure to act - Application for damages
-
Judgments nº T-175/05 of Court of First Instance of the European Communities, September 30, 2009
Competition - Agreements, decisions and concerted practices - Market for monochloroacetic acid - Decision finding an infringement of Article 81 EC - Action for annulment - Admissibility - Market sharing and price fixing - Attributability of the infringement - Fines - Obligation to state the reasons on which the decision is based - Gravity and duration of the infringement - Deterrent effect
-
Judgments nº T-341/07 of Court of First Instance of the European Communities, September 30, 2009
Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 - Actions for annulment - Adaptation of heads of claim - Judicial review - Statement of reasons - Conditions for implementation of a Community measure freezing funds
-
Judgments nº T-341/07 of Court of First Instance of the European Communities, September 30, 2009
First, an application for annulment in part of Council Decision of 28 June 2007 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decisions 2006/379/EC and 2006/1008/EC (OJ 2007 L 169, p. 58) and, second, an application for damages to obtain compensation for the...
-
Judgments nº T-161/05 of Court of First Instance of the European Communities, September 30, 2009
Competition - Agreements, decisions and concerted practices - Market for monochloroacetic acid - Decision finding an infringement of Article 81 EC - Market sharing and price-fixing - Attributability of the infringement - Fines - Proportionality - Cooperation - Aggravating circumstances - Repeated infringement - Access to the file - Report of the Hearing Officer - Order to bring the infringement...
-
Judgments nº T-139/08 of Court of First Instance of the European Communities, September 29, 2009
Community trade mark - International registration designating the European Community - Figurative mark representing half a smiley smile - Absolute ground for refusal - Lack of distinctive character - Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009
-
Judgments nº T-183/07 of Court of First Instance of the European Communities, September 23, 2009
Environment - Directive 2003/87/EC - Emissions trading system for greenhouse gas allowances - National allocation plan for emission allowances for Poland for the period from 2008 to 2012 - Three month time-limit - Respective powers of the Member States and the Commission - Equal treatment - Duty to state reasons - Article 9(1) and (3) and Article 11(2) of Directive 2003/87
-
Judgments nº T-20/08 of Court of First Instance of the European Communities, September 23, 2009
Community trade mark - Community word mark DANELECTRO and Community figurative mark QWIK TUNE - Failure to observe the time-limit for submitting a request for renewal of the trade marks - Application for restitutio in integrum - Reformatio in pejus - Rights of the defence - Right to be heard - Article 61(2), second sentence of Article 73, and Article 78 of Regulation (EC) No 40/94 (now Article 63(
-
Judgments nº T-21/08 of Court of First Instance of the European Communities, September 23, 2009
Community trade mark - Community word mark DANELECTRO and Community figurative mark QWIK TUNE - Failure to observe the time-limit for submitting a request for renewal of the trade marks - Application for restitutio in integrum - Reformatio in pejus - Rights of the defence - Right to be heard - Article 61(2), second sentence of Article 73, and Article 78 of Regulation (EC) No 40/94 (now Article 63(
-
Judgments nº T-26/08 of Court of First Instance of the European Communities, September 23, 2009
Community trade mark - Invalidity proceedings - Community word mark FAMOXIN - Earlier national word marks LANOXIN - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) - Proof of use - Article 56(2) and (3) of Regulation No 40/94 (now Article 57(2) and (
-
Judgments nº T-263/07 of Court of First Instance of the European Communities, September 23, 2009
Environment - Directive 2003/87/EC - Emissions trading system for greenhouse gases - National plan allocating emissions allowances for Estonia for the period from 2008 to 2012 - Respective powers of the Member States and the Commission - Equal treatment - Article 9(1) and (3) and Article 11(2) of Directive 2003/87
-
Judgments nº T-27/08 of Court of First Instance of the European Communities, September 23, 2009
Community trade mark - Invalidity proceedings - Community word mark FAMOXIN - Earlier national word marks LANOXIN - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) - Proof of use - Article 56(2) and (3) of Regulation No 40/94 (now Article 57(2) and (
-
Judgments nº T-296/06 of Court of First Instance of the European Communities, September 23, 2009
Dumping - Imports of lever arch mechanisms originating in China - Determination of the dumping margin - Market economy treatment - Comparison between the normal value and the export price - Application of a different method to that used during the initial investigation - Article 2(7)(a) and (10) of Regulation (EC) No 384/96
-
Judgments nº T-385/05 of Court of First Instance of the European Communities, September 23, 2009
Customs union - External Community transit operations - Consignments of tobacco and ethyl alcohol for third countries - Fraud - Claim for remission of import duties - Article 239 of Regulation (EEC) No 2913/92 - Article 905 of Regulation (EEC) No 2454/93 - Fairness clause - Existence of a special situation - Comprehensive guarantee
-
Judgments nº T-409/07 of Court of First Instance of the European Communities, September 23, 2009
Community trade mark - Invalidity proceedings - Community figurative mark acopat - Earlier national word marks COPAT - Relative ground for refusal - No genuine use of the earlier marks - Article 56(2) and (3) of Regulation (EC) No 40/94 (now Article 57(2) and (3) of Regulation (EC) No 207/2009)
-
Judgments nº T-493/07 of Court of First Instance of the European Communities, September 23, 2009
Community trade mark - Invalidity proceedings - Community word mark FAMOXIN - Earlier national word marks LANOXIN - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) - Proof of use - Article 56(2) and (3) of Regulation No 40/94 (now Article 57(2) and (
-
Judgments nº T-99/06 of Court of First Instance of the European Communities, September 23, 2009
Community trade mark - Opposition proceedings - Application for the Community word mark FILDOR - Earlier national semi-figurative mark PHILDAR - Earlier national word mark FILDOR - Earlier international word and semi-figurative marks PHILDAR - Relative ground for refusal - Likelihood of confusion - Articles 8(1)(b), 62 and 73 of Regulation (EC) No 40/94 (now Articles 8(1)(b), 64 and 75 of...