Case T-13/05: Action brought on 7 January 2004 by Castell del Remei S.L against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2005-03-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage industry, trade-mark law

C 69/24

EN

Official Journal of the European Union

19.3.2005

According to the applicants,
the Commission furthermore
failed to establish that the development of trade would not be
affected by the recapitalisation to such an extent as is contrary
to the interest of the Community.

Thirdly, the applicants submit that the Commission infringed
Article 86(2) EC, the Protocol, and the Broadcasting Communi-
cation when it failed to establish TV2's net public service costs
which could be funded by the State and committed manifest
errors of assessment when applying the proportionality test.

the Court of First Instance of the European Communities on 7
January 2004 by Castell del Remei S.L, represented by Jorge
Grau Mora and Alejandro Angulo, of the Barcelona Bar; Maria
Baylos Morales and Antonio Velazquez Ibanez, of the Madrid
Bar; Fernand de Visscher, Emmanuel Cornu, Eric de Gryse and
Donatienne Moreau, of the Brussels Bar, lawyer.

The applicant claims that the Court should:

1. set aside the decision of the First Board of Appeal, of 27

October 2004, delivered in Case R 0691/2003-1; and

the applicants submit

Fourthly,
the contested decision
infringes Articles 87 and 88 EC and the right to equal treat-
ment as it perpetuates, contrary to the Commission's State aid
recovery policy, the unlawful advantage of the illegal aid and
the resulting distortion of competition.

that

2. order OHIM to pay the costs.

Pleas in law and main arguments:

Fifthly, the applicants submit that the Commission infringed
Article 88(2) EC and Article 4(4) of the Procedural Regulation
when it decided not to open the formal investigation procedure
giving interested third parties the opportunity to be heard.

Applicant
munity trade mark:

for

Com-

The applicant

Finally, the applicants claim that the Commission infringed
Article 253 EC when it failed to properly state its reasons for
adopting the contested decision.

Community trade mark
sought:

Word mark ‘ODA’ — Application
No 1.655.786, for goods in Class
33 (alcoholic beverages,
except
beers)

(1) Commission Decision of 19 May 2004 in case C 2/2003 - State

funding of TV2/Denmark

(2) OJ L 83, p. 1
(3) OJ 2001 C 320, p. 5

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Bodegas Roda S.A.

Mark or sign cited in
opposition:

RODA’

‘RODA
‘RODA

International word mark ‘RODA’
(No 703.486), Spanish word mark
(No
‘BODEGAS
(No
1.757.553),
2.006.615),
(No
2.006.616), and Greek national
mark ‘RODA’
for
wines and spirits in Class 33 and
the trade name ‘BODEGAS RIOJA’
for the ‘business dedicated to the
creation and production of wines’.

(No 137.050)

II’
I’

Action brought on 7 January 2004 by Castell del Remei
S.L against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

Decision of the Opposi-
tion Division:

Opposition upheld and application
refused.

(Case T-13/05)

(2005/C 69/43)

(Language of the case: Spanish)

Decision of
of Appeal:

Pleas in law:

the Board

Appeal dismissed.

application of Article
Incorrect
8(1)(b) of Regulation (EC) No
40/94

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before