Order of the Court of Justice (Fourth Chamber) of 28 April 2004 in Case C-3/03 P Matratzen Concord GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Similarity between two signs — Likelihood of confusion — Application for a figurative Community trade mark containing the word ‘Matratzen’ — Earlier word mark MATRATZEN)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, household article, textile product, trade-mark law

C 118/28

EN

Official Journal of the European Union

30.4.2004

ORDER OF THE COURT OF JUSTICE

ORDER OF THE COURT OF JUSTICE

(Fourth Chamber)

of 28 April 2004

in Case C-3/03 P Matratzen Concord GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Appeal — Community trade mark — Regulation (EC) No
40/94 — Similarity between two signs — Likelihood of
confusion — Application for a figurative Community trade
mark containing the word ‘Matratzen’ — Earlier word mark
MATRATZEN)

(2004/C 118/49)

(Language of the case: German)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

Instance of

In Case C-3/03 P: appeal by Matratzen Concord GmbH,
formerly Matratzen Concord AG, established in Cologne
(Germany) (lawyer: W.-W. Wodrich) against the judgment of
the European Communities
the Court of First
(Fourth Chamber) of 23 October 2002 in Case T-6/01
Matratzen Concord v OHIM – Hukla Germany (Matratzen)
[2002] ECR II-4335, seeking annulment of that judgment, by
which the Court of First Instance dismissed the action brought
against the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 31 October 2000, refusing registration of a
figurative mark as a Community trade mark (Joined Cases R
728/1999-2 and R 792/1999-2),
the other party to the
proceedings being: Office for Harmonisation in the Internal
Market (Trade Marks and Designs)
(Agents: A. von
Mühlendahl and G. Schneider) – the Court (Fourth Chamber),
composed of J.N. Cunha Rodrigues, President of the Chamber,
F. Macken (Rapporteur) and K. Lenaerts Judges; C. Stix-Hackl,
Advocate General; R. Grass, Registrar, made an order on 28
April 2004, the operative part of which is as follows:

(OHIM)

(Third Chamber)

of 1 April 2004

in Case C-47/03 P: Michael Cwik v Commission of the
European Communities (1)

(Appeal — Officials — Reasons for judgment — Reorgani-
sation of the administrative structures of the Commission —
Re-assignment — Interests of the service — Misuse of
powers — Duty to have regard to the interests of officials —
Manifestly inadmissible appeal)

(2004/C 118/50)

(Language of the case: French)

In Case C-47/03 P: Michael Cwik, an official of the Commission
of the European Communities, residing in Tervuren (Belgium),
(Lawyer: N. Lhoëst), appealing against the judgment of the
Court of First Instance of the European Communities (Second
Chamber) of 26 November 2002, Case T-103/01 Cwik v
Commission, ECR-SC I-A-229 and I-1137) and seeking annul-
ment of that judgment, the other party to the proceedings
being the Commission of the European Communities (Agent: J.
Currall, assisted by D. Waelbroeck) – the Court
(Third
Chamber), composed of: A. Rosas, President of the Chamber, R.
Schintgen (Rapporteur) and N. Colneric, Judges, D. Ruiz-Jarabo
Colomer, Advocate General, R. Grass, Registrar, made an order
on 1 April 2004, the operative part of which is as follows:

1. Dismisses the appeal.

2. Orders M. Cwik to pay the costs.

(1) OJ C 83 of 5.4.2004

ORDER OF THE COURT

(Fourth Chamber)

of 31 March 2004

in Case C-51/03 (reference for a preliminary ruling from
the Amtsgericht Löbau): Nicoleta Maria Georgescu (1)

(Regulation (EC) No 539/2001 — Countries for which the
application of
is
suspended until a further decision of the Council — Extent of
the suspension — Lack of jurisdiction of the Court)

the visa requirement

the abolition of

1. The appeal is dismissed.

2. The applicant shall pay the costs.

(1) OJ C 70 of 22. 3. 2003.

(2004/C 118/51)

(Language of the case: German)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-51/03: reference to the Court under Article 234 EC
for a preliminary
from the Amtsgericht Löbau (Germany)