Judgment — ECLI:EU:T:2005:133
Date: 2005-04-19
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Notification and transmission
Procedure: Action for annulment - unfounded
Origin: Austria

summary of the applicant’s arguments in the decision of the Board of Appeal of 26 September 2002 ruling on the action brought by the applicant against the decision of the Opposition Division of 25 October 2000 makes no mention in that regard. 101 It must therefore be held that the situation described at paragraph 98 above does not correspond to the subject-matter of the dispute in Case T-128/03 and that its mere mention by the applicant without any other clear and specific indications as to a possible infringement of any provision of Regulation No 40/94 or of Regulation No 2868/95 cannot be regarded as an annulment plea either in Case T‑128/03 or in Case T‑380/02. 102 It follows from all the foregoing considerations that the actions brought by the applicant must be dismissed in their entirety. Costs 103 Under Article 87(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been asked for in the successful party’s pleadings. Since the applicant has been unsuccessful, it must be ordered to pay the costs incurred by OHIM as asked for by it. Conversely, since the intervener did not in its reply make any submissions as to the allocation of costs, it must bear its own costs. On those grounds, THE COURT OF FIRST INSTANCE (Fifth Chamber) hereby: 1. Dismisses the actions; 2. Orders the applicant to pay its own costs as well as those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); 3. Orders Chipita International SA to bear its own costs. Vilaras Martins Ribeiro Jürimäe Delivered in open court in Luxembourg on 19 April 2005. H. Jung M. Vilaras Registrar President * Language of the case: German.