Case T-491/04: Action brought on 21 December 2004 by Merant GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2005-04-02
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, office supplies, publication, recording medium, trade-mark law

2.4.2005

EN

Official Journal of the European Union

C 82/29

Action brought on 20 December 2004 by U.S. Steel
Košice s.r.o. against the Commission of the European
Communities

(Case T-489/04)

(2005/C 82/56)

(Language of the case: English)

Commission improperly treated the Slovak Republic differently
from Germany and the first eight Member States whose alloca-
tion plans were received and that, in other respects, improperly
failed to treat the Slovak Republic differently from Latvia and
Estonia. According to the applicant, the contested decision also
infringes the principle of proportionality in that,
it
purports to approve a plan where the total amount of allow-
ances proposed by Slovakia is reduced beyond what is appro-
priate and necessary, and secondly, the Commission failed to
evaluate the effects that the decrease in total allocation would
have on individual installations. Finally, the applicant contends
that the contested decision fails to provide a meaningful or
adequate statement of reasons.

firstly,

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 20 December 2004 by U.S. Steel
Košice, Košice, Slovak Republic, represented by D. Hueting,
Barrister, C. Thomas Solicitor and E. Vermulst, lawyer.

The applicant claims that the Court should:

— annul

the Commission Decision of 20 October 2004
concerning the national allowances for the allocation of
greenhouse gas allowances notified by the Slovak Republic
in accordance with Directive 2003/87/EC of the European
Parliament and Council;

— order the Commission to pay the applicant's costs.

Pleas in law and main arguments

The applicant is a Slovak company, the only steel producer in
that country. By its application it seeks the annulment of the
Commission's Decision of 20 October 2004 concerning the
national allowances for the allocation of greenhouse gas allow-
ances notified by the Slovak Republic in accordance with Direc-
tive 2003/87 (1).

In support of its application the applicant first of all submits
that the contested decision infringes Article 9 paragraph 3 of
Directive 2003/87 in that it purports to approve a national
allocation plan where the total amount of allowances approved
is lower than the aggregate of the individual allocations and
reserves listed in the plan. The applicant further alleges that the
contested decision infringes criteria 1 and 2 of Annex III to
Directive 2003/87 in that it limits the allocation of allowances
by the Slovak Republic to a level substantially lower than the
amount originally notified, which was consistent with the
Slovak Republic's commitments under the Kyoto Protocol. The
applicant also invokes a misuse of the Commission's powers in
that the contested decision allegedly intends to achieve a scar-
city of allowances, an objective different to those stated in
Directive 2003/87 and that, further, it was based on non-trans-
parent bilateral negotiations which Directive 2003/87 does not
allow. The applicant contends further that the contested deci-
sion violates the principle of non-discrimination in that the

(1) Directive 2003/87/EC of

the European Parliament and of

the
Council of 13 October 2003 establishing a scheme for greenhouse
trading within the Community and
gas
amending Council Directive 96/61/EC, Official
Journal L 275,
25/10/2003, p. 32.

emission allowance

Action brought on 21 December 2004 by Merant GmbH
the Office for Harmonisation in the Internal
against
Market (Trade Marks and Designs) (OHIM)

(Case T-491/04)

(2005/C 82/57)

(Language in which the application was drafted: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 21
December 2004 by Merant GmbH, Ismaning (Germany), repre-
sented by A. Schulz, Rechtsanwalt.

Focus Magazin Verlag GmbH, Munich (Germany) was also a
party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 18 October 2004 in Case R-542/
2002-2;

C 82/30

EN

Official Journal of the European Union

2.4.2005

— reinstate the decision of the Opposition Division of 29
April 2002 (Decision No 1198/2002), namely to reject
Community trade mark application No 453 720 for the
following goods and services:

Decision of
of Appeal:

the Board

Appeal brought by Focus Magazin
Verlag GmbH allowed and appli-
cant's opposition rejected.

‘Machine readable data carriers of all types equipped with
information, and software, in particular digital and analog
for example, cultural, scientific,
data carriers containing,
industrial or technical
information; programmed floppy
disks, CD-ROM video cassettes, compact discs, chip discs;
magnetic data carriers in Class 9;

Publications, newspapers and periodicals, books, posters,
calendars, photographs;
typewriter and office requisites,
namely non-electric office equipment, writing implements,
ball-point pens, fountain pens, teaching and instructional
material,
including in the form of models and display
boards in Class 16;

Pleas in law:

Article 8(1)(b) of Regulation (EC)
No 40/94 has been misapplied.
There is a likelihood of confusion
between the
conflicting marks.
The later mark applied for has
adopted an element of the earlier
mark identically and the goods
and services covered by the marks
are partly identical
and partly
extremely similar.

Publication of digital and analog data carriers containing,
for example, cultural, scientific, sports, industrial or tech-
nical
information in Class 41 and up-dating services,
including for CD ROMs; editor's services in Class 42.’;

Action brought on 23 December 2004 by Jungbunzlauer
AG and three others against the Commission of the Euro-
pean Communities

— order the defendant to pay the costs.

Pleas in law and main arguments:

(Case T-492/04)

(2005/C 82/58)

(Language of the case: German)

Applicant
munity trade mark:

for

Com-

Focus Magazin Verlag GmbH

Community trade mark
sought:

for goods
Word mark 'FOCUS'
and services in Classes 3, 6, 7, 8,
9, 14, 15, 16, 20, 21, 24, 25, 26,
28, 29, 32, 33, 35, 36, 38, 39,
41, 42 – application No 453 720.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 23 December 2004 by Jungbun-
Jungbunzlauer Ladenburg
zlauer AG, Basel
GmbH, Ladenburg (Germany),
Jungbunzlauer Holding AG,
Chur (Switzerland) and Jungbunzlauer Austria AG, Vienna,
represented by R. Bechtold, M. Karl, U. Soltész and C. Steinle,
lawyers.

(Switzerland),

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

The applicant.

The applicants claim that the Court should:

Mark or sign cited in
opposition:

The international figurative mark
for goods and
'MICRO FOCUS'
services in Classes 9, 16, 41 and
42.

Decision of the Opposi-
tion Division:

Opposition allowed in part.

1. annul

in its entirety the Commission's decision of 29
September 2004 (Case COMP/E-1/36.756 – Sodium gluco-
nate);

alternatively, annul
addressees,

the decision in regard to individual

alternatively, reduce the fine imposed in the decision;

2. order the Commission to pay the applicants' costs;