Judgment of the Court of First Instance of 23 November 2004 in Case T-360/03: Frischpack GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a cheese box — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive character)
Date: 2005-02-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cheese, trade-mark law

5.2.2005

EN

Official Journal of the European Union

C 31/21

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 November 2004

in Case T-360/03: Frischpack GmbH & Co. KG v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Three-dimensional mark —
Shape of a cheese box — Absolute ground for refusal —
Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive
character)

(2005/C 31/41)

(Language of the case: German)

In Case T-360/03: Frischpack GmbH & Co. KG, established in
Mailling bei Schönau (Germany), represented by P. Bornemann,
lawyer, against Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: U. Pfleghar and
G. Schneider) – appeal against Decision R 236/2003-2 of the
Second Board of Appeal of OHIM of 8 September 2003
concerning the registration of a three-dimensional mark (cheese
box) – the Court of First Instance (Fifth Chamber), composed of
P. Lindh, President, R. García-Valdecasas and D. Šváby, Judges;
I. Natsinas, Administrator, for the Registrar, has given a judg-
ment on 23 November 2004, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 304 of 13.12.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 6 September 2004

in Case T- 213/02: SNF SA v Commission of the European
Communities (1)

(Action for annulment — Directive 2002/34/EC — Restric-
tions on the use of polyacrylamides in the composition of
cosmetic products — Person individually concerned —
Admissibility)

(2005/C 31/42)

(Language of the case: English)

In Case T-213/02: SNF SA, established in Saint-Étienne
(France), represented by K. Van Maldegem and C. Mereu,
lawyers, against the Commission of the European Communities,
(Agent: X. Lewis, with an address for service in Luxembourg) –

application for the partial annulment of Twenty-sixth Commis-
sion Directive 2002/34/EC of 15 April 2002 adapting to tech-
nical progress Annexes II,
III and VII to Council Directive
76/768/EEC on the approximation of the laws of the Member
States relating to cosmetic products (OJ 2002 L 102, p. 19) in
so far as it restricts the use of polyacrylamides in the composi-
tion of cosmetic products – the Court of First Instance (Fifth
Chamber), composed of: P. Lindh, President, R. García-Valde-
casas and J.D. Cooke, Judges; H. Jung, Registrar, has made an
order on 6 September 2004, the operative part of which is as
follows:

1. The action is dismissed as inadmissible;

2. The applicant is to bear its own costs and those of the defendant.

(1) OJ C 233 of 28.9.2002.

ORDER OF THE COURT OF FIRST INSTANCE

of 9 November 2004

in Case T-252/03: Fédération nationale de l'industrie et des
commerces en gros des viandes (FNICGV) v Commission
of the Euoropean Communities (1)

(Competition — Decision finding an infringement of Article
81 EC — Market in beef and veal — Action for annulment
— Unlimited jurisdiction — Time-limit for bringing applica-
tion — Introduction out of time — Inadmissibility)

(2005/C 31/43)

(Language of the case: French)

In Case T-252/03: Fédération nationale de l'industrie et des
cinnerces en gros des viands (FNICGV), established in Paris
(France), represented by P. Abegg and E. Prigent, lawyers, with
an address for service in Luxembourg, supported by French
Republic (Agents: R. Abraham, G. de Bergues and F. Million,
with an address for service in Luxembourg), against Commis-
sion of the European Communities (Agents: P. Oliver and F.
Lelièvre, with an address for service in Luxembourg) – action
for annulment of the fine imposed on the applicant by Article
3 of Commission Decision 2003/600/EC of 2 April 2003
relating to a proceeding pursuant to Article 81 of the EC
Treaty (Case COMP/C.38.279/F3 – French beef) (OJ 2003 L
for a reduction of the
in the alternative,
209, p. 12) and,
amount of
Instance (Fifth
fine – the Court of First
that
Chamber), composed of P. Lindh, President, R. García-Valde-
casas and J.D. Cooke, Judges; H. Jung, Registrar, has made an
order on 9 November 2004, the operative part of which is as
follows: