Order of the Court (Second Chamber) of 1 December 2004 in Case C-498/01 P: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v Zapf Creation AG (Appeal — Community trade mark — Regulation (EC) No 40/94 — Absolute grounds for refusal of registration — Article 7(1)(b) and (c) — ‘New Born Baby’ — No need to give judgment)
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Union Intellectual Property Office, appeal, infringement of EU law, toy industry, trade-mark law

16.4.2005

EN

Official Journal of the European Union

C 93/3

2. Orders the Grand Duchy of Luxembourg to pay the costs.

ORDER OF THE COURT

(1) OJ C 228 of 11. 9. 2004.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 24 February 2005

in Case C-327/04: Commission of the European Commu-
nities v Republic of Finland (1)

(Failure of a Member State to fulfil obligations — Directive
2000/43/EC — Failure to transpose within the prescribed
period)

(2005/C 93/05)

(Language of the case: Finnish)

In Case C-327/04, action for a declaration under Article 226
EC, brought on 27 July 2004, Commission of the European
Communities (Agents: D. Martin and M. Huttunen) v Republic
of Finland (Agent: T. Pynnä) – the Court (Fifth Chamber),
composed of R. Silva de Lapuerta, President of the Chamber, J.
Makarczyk and J. Klučka (Rapporteur), Judges; P. Leger, Advo-
cate General; R. Grass, Registrar, gave a judgment on 24
February 2005, in which it:

1. Declares that, by failing to adopt, as regards the province of
Åland, the laws, regulations and administrative provisions neces-
sary to comply with Council Directive 2000/43/EC of 29 June
treatment between
2000 implementing the principle of equal
persons irrespective of racial or ethnic origin,
the Republic of
Finland has failed to fulfil its obligations under that directive;

2. Orders the Republic of Finland to pay the costs.

(Second Chamber)

of 1 December 2004

in Case C-498/01 P: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) v Zapf
Creation AG (1)

(Appeal — Community trade mark — Regulation (EC) No
40/94 — Absolute grounds for refusal of registration —
Article 7(1)(b) and (c) — ‘New Born Baby’ — No need to
give judgment)

(2005/C 93/06)

(Language of the case: German)

(OHIM)

In Case C-498/01 P: appeal under Article 49 of the EC Statute
of the Court of Justice, brought on 20 December 2001, Office
for Harmonisation in the Internal Market (Trade Marks and
Designs)
(Agents: A. von Mühlendahl, M. Schennen
and C. Røhl Søberg), supported by United Kingdom of Great
Britain and Northern Ireland (Agent: K. Manji, assisted by M.
Tappin), the other party to the proceedings being: Zapf Crea-
tion AG,
(Lawyers:
A. Kockläuner and S. Zech) – the Court (Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
J.-P. Puissochet (Rapporteur) and R. Schintgen,
Judges; F.G.
Jacobs, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, made an order on 1 December 2004,
the operative part of which is as follows

established in Rödental

(Germany)

1. It is unnecessary to give judgment on the appeal brought by the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM).

2. Zapf Creation AG shall pay the costs of the present proceedings.

3. The United Kingdom of Great Britain and Northern Ireland shall

bear its own costs.

(1) OJ C 239 of 25.09.2004.

(1) OJ C 56 of 02.03.2002.