Case T-15/05: Action brought on 18 January 2005 by Wim De Waele against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), packaging product, trade-mark law

C 57/40

EN

Official Journal of the European Union

5.3.2005

Since the work had not been completed on the prescribed date
(31 August 2000) and the defendant had not lodged a scientific
report and a cost statement, as stipulated by the contract, the
Commission decided to terminate the contract with effect from
24 February 2001. The subsequent correspondence between
the defendant and the Commission did not, in the Commis-
sion's view, reveal new matters which could alter the content
of the Commission's decision.

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Refusal of the application.

the Board

Dismissal of the appeal.

Infringement of Article 7(1)(b) of
Regulation (EC) No 40/94.

By its action, the Commission seeks reimbursement of the sum
of EUR 259 800, which it paid to the defendant as an advance
in respect of its financial contribution to the performance of
the work, and payment of the interest due on that sum, in
accordance with the relevant provisions of Greek law which is
applicable under the contract.

Action brought on 18 January 2005 by Wim De Waele
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(Case T-15/05)

(2005/C 57/67)

Removal from the Register of Case T-313/01 R (1)

(2005/C 57/68)

(Language of the case: Greek)

the Court of First

By order of 25 November 2004, the President of the Fourth
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-313/01 R. v Commission of the European Commu-
nities.

Instance of

(Language of the case: Dutch)

(1) OJ C 44 of 16.2.2002.

An action against the Office for Harmonisation in the Internal
Market
(Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 18
January 2005 by Wim De Waele, residing in Bruges (Belgium),
represented by Paul Maeyaert and Samuel Granata.

The applicant claims that the Court should:

— alter the contested decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) of 16 November 2004 (Case R
820/2004-1) and annul it in part, namely in so far as it
concerns the goods ‘sausage casings for charcuterie’ in Class
18 or at least in so far as it concerns the goods ‘sausage
casings for charcuterie intended for professional customers’;

— order OHIM to pay the costs.

Pleas in law and main arguments

Removal from the Register of Case T-386/03 (1)

(2005/C 57/69)

(Language of the case: German)

By order of 15 December 2004, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-386/03, Deutsche Telekom v Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs) (OHIM).

Community trade mark
sought:

Three-dimensional mark in the
shape of an oblong with grooves
twisting to the left and to the right
diamond-shaped
which
geometrical patterns, for goods in
Classes 18, 29 and 30 – Applica-
tion No 3 050 531.

create

(1) OJ C 35 of 7.2.2004.