do-me/EUR-LEX huggingface dataset:
Removal from the register of Joined Cases C-426/03, C-427/03, C-428/03 and C-429/03
Date: 2005-05-14
Institutions: Court of Justice
Subjects: Italy, customs duties, earths and stones, export tax, interpretation of the law, intra-EU trade, trade restriction

C 115/18

EN

Official Journal of the European Union

14.5.2005

Pleas in law and main arguments

The period for transposing the directive into national
expired on 27 December 2003.

law

(1) OJ L 168 of 27.06.2002, p. 43.

care, dental practitioner, veterinary surgeon, midwife, archi-
tect, pharmacist and doctor (1) and, in any event, by failing
to communicate them to the Commission,
the French
Republic has failed to fulfil its obligations under that direc-
tive;

2. order the French Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of the Directive into national law
expired on 1 January 2003.

Action brought on 8 April 2005 by the Commission of the
European Communities against the French Republic

(1) OJ L 206, 31.07.2001, p. 1.

(Case C-164/05)

(2005/C 115/33)

(Language of the case: French)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 8 April 2005
by the Commission of the European Communities, represented
by D. Maidani and H. Støvlbæk, acting as Agents, with an
address for service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/19/EC of the European Parliament and of the
Council of 14 May 2001 amending Council Directives
89/48/EEC and 92/51/EEC on the general system for the
recognition of professional qualifications and Council Direc-
tives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC,
78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC,
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC
concerning the professions of nurse responsible for general

Removal from the register of Joined Cases C-426/03, C-
427/03, C-428/03 and C-429/03 (1)

(2005/C 115/34)

(Language of the case: Italian)

(references

By order of 15 December 2004 the President of the Court of
Justice of the European Communities ordered the removal from
the register of Joined Cases C-426/03, C-427/03, C-428/03 and
for a preliminary ruling from the
C-429/03:
Commissione
di Massa Carrara):
GE.M.E.G. Srl v Comune di Carrara CERIT SpA.(C-426/03),
OMYA Spa v Comune di Carrara (C-427/03), Roberto Loren-
zoni v Comune di Carrara Bipielle Riscossioni SpA (C-428/03)
and DUEGI TRASPORTI Srl v Comune di Carrara (C-429/03).

provinciale

tributaria

(1) OJ C 21 of 24.01.2004.
Case T-105/05: Action brought on 28 February 2005 by Assembled Investments (Proprietary) Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage industry, trade-mark law

14.5.2005

EN

Official Journal of the European Union

C 115/29

Action brought on 28 February 2005 by Assembled
Investments (Proprietary) Limited against the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)

Trade mark or
cited in opposition:

sign

for

goods

Community word mark
The
‘WATERFORD’
in
classes 3, 8, 11, 21, 24 and 34
(Perfumery products, essential oils;
cutlery;
lamps; articles of glass-
ware; …) — Community trade
mark No 397 521

(Case T-105/05)

(2005/C 115/52)

(Language in which the application was lodged: English)

Decision of the Opposi-
tion Division:

Rejection of the opposition

Decision of
of Appeal:

the Board

Annulment of the contested deci-
sion and rejection of the applica-
tion

Infringement of Articles 8(1)(b),
8(5) and 74(2) of Council Regu-
lation No 40/94 in that there is no
likelihood of confusion between
the marks and that
there is no
persuasive evidence that the earlier
mark would
detrimentally
be
affected or that an unfair advan-
tage would be taken.

Action brought on 22 February 2005 by European
Dynamics S.A. against the Commission of the European
Communities

(Case T-106/05)

(2005/C 115/53)

(Language of the case: English)

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 28
February 2005 by Assembled Investments (Proprietary) Limited,
established in Stellenbosch (South Africa), represented by P.
Hagman, lawyer.

Pleas in law:

Waterford Wedgwood Plc, established in Waterford (Ireland)
was also a party to the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of 15
December 2004 and establish that the applied Community
trade mark application No 1 438 860 ‘WATERFORD STEL-
LENBOSCH’ is not confusingly similar with the Community
trade mark registration No 397 521 ‘WATERFORD’;

— remit the case to OHIM for registration purposes;

— order the defendant OHIM and the opponent and co-defen-
dant Waterford Wedgwood Plc to pay the applicant's costs.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Community trade mark
concerned:

Assembled
(Propietary) Limited

Investments

The
figurative mark ‘Waterford
Stellenbosch’ for goods in class 33
including
beverages
(alcoholic
wines) — application
No
1 438 860

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

Waterford Wedgwood Plc

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 22 February 2005 by European
Dynamics S.A., established in Athens (Greece), represented by
N. Kostakopoulos, lawyer.
Case T-97/05: Action brought on 22 February 2005 by Sergio Rossi SpA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fancy leather goods and glove-making industry, trade-mark law

14.5.2005

EN

Official Journal of the European Union

C 115/27

Pleas in law and main arguments:

The other party to the proceedings before the Board of Appeal
was Marcorossi Srl.

Applicant
registra-
for
tion of the Community
trade mark:

Community trade mark
applied for:

Monte di Massima s.a.s.

The applicant claims that the Court should:

mark

Figurative
VALLE
DELLA LUNA — Application for
registration No 2 029 726 for
goods in Class 32 (water, syrups,
beers and non-alcoholic drinks)

1. annul the contested decision which is the subject-matter of

the dispute;

2. order the defendant to pay the costs.

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

J. M.
Handelsgesellschaft

Höffele

Internationale

Pleas in law and main arguments:

Mark or sign cited in
the opposition proceed-
ings:

German word mark VALLE DE LA
LUNA for goods
in Class 33
(wines)

Applicant
registra-
for
tion of the Community
trade mark:

Marcorossi Srl.

Decision of the Opposi-
tion Division:

Opposition refused

Community trade mark
applied for:

Word mark MARCOROSSI —
Application for
registration No
1 405 869 for goods in Class 18
(bags, cases, small
leather goods,
wallets, holdalls, umbrellas) and
25 (footwear, belts, clothing)

the Board

Appeal allowed

Decision of
of Appeal

Pleas in law:

Misapplication of Article 15(2)(a)
of Regulation No 40/94 on the
Community trade mark

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

Sergio Rossi SpA

Mark or sign cited in
the opposition proceed-
ings:

Italian trade mark and interna-
tional registration MISS ROSSI for
Italian trade
goods in Class 25,
mark SERGIO ROSSI for footwear
in Class 25, and Community trade
mark SERGIO ROSSI for goods in
Classes 3, 18 and 25

Action brought on 22 February 2005 by Sergio Rossi SpA
the Office for Harmonisation in the Internal
against
Market (Trade Marks and Designs) (OHIM)

Decision of the Opposi-
tion Division:

Opposition allowed

(Case T-97/05)

(2005/C 115/50)

(Language of the case: Italian)

Decision of
of Appeal:

the Board

Appeal allowed and opposition
refused

Pleas in law:

Misapplication of Article 8 of
Regulation No 40/94 on the Com-
munity trade mark,
inasmuch as
the trade marks which are the
contested
subject-matter of
decision are to be regarded as
incompatible with that provision.

the

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Court of First Instance of the European Communities on 22
February 2005 by Sergio Rossi SpA, represented by Alessandro
Ruo, lawyer.
Case T-90/05: Action brought on 24 February 2005 by Omega, S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clock and watch industry, luxury products industry, trade-mark law

C 115/24

EN

Official Journal of the European Union

14.5.2005

Pleas in law and main arguments

Community trade mark
sought:

Decision of
iner:

the Exam-

42

(Electric

The word mark 'Telekom Global
Net'
in
for goods and services
Classes 9, 16, 35, 36, 38, 39, 41
instruments,
and
printed matter, advertising, finan-
cial and real estate affairs, telecom-
and
munications,
storage,
computer
education,
programming…) — Application
No 2 168 169.

transport

Refusal of
almost
services in Classes 9, 38 and 42.

application for
and
the goods

the
all of

Court of First Instance of the European Communities on 24
February 2005 by Omega, S.A., established in Bienne (Swit-
zerland) represented by P. González-Bueno Catalán de Ocon.

Omega Engineering, Inc., established in Stamford, Connecticut
(USA) 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 dated 10

December 2004 in case R 330/2002-2;

— Order that the Office shall bear the costs.

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal.

Pleas in law and main arguments

character

— The mark applied for displays
no descriptive
in
and
relation to the goods
services in Classes 9, 38 and
42 for the purposes of Article
7(1)(c) of Council Regulation
(EC) No 40/94.

— The mark applied for has suffi-
cient
character
distinctive
within the meaning of Article
7(1)(b) of Regulation (EC) No
40/94.

Applicant
munity trade mark:

for

Com-

The applicant

Community trade mark
concerned:

Figurative mark OMEGA for
goods and services in classes 3, 9,
14, 16, 25, 28, 35, 37, 38, 41
and 42 application No 225 771

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

Trade mark or
cited in opposition:

sign

Omega Engineering Inc.

and

figurative
National word
marks OMEGA, MICROMEGA,
OMEGA.COM,
OMEGASOFT,
OMEGANET for goods in classes
1, 2, 6, 7, 8, 9, 11, 14, 16, 17,
18, 35, 41, and 42

Action brought on 24 February 2005 by Omega, S.A.
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

Decision of the Opposi-
tion Division:

Refusal of registration for goods
and services in classes 9 and 42

(Case T-90/05)

(2005/C 115/46)

Decision of
of Appeal:

Pleas in law:

the Board

Appeal dismissed

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

(Language in which the application was lodged: English)

(1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-

munity trade mark (OJ L 11, p. 1).

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Removal from the Register of Case T-372/04
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, France, State aid, action for annulment (EU), control of State aid, publishing, services of general interest

14.5.2005

EN

Official Journal of the European Union

C 115/41

Removal from the Register of Case T-151/04 (1)

Removal from the Register of Case T-372/04 (1)

(2005/C 115/74)

(Language of the case: French)

the Fifth
By order of 14 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-151/04, Bernard Nonat v Commission of the European
Communities.

the President of
Instance of

(2005/C 115/76)

(Language of the case: French)

the Third
By order of 31 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-372/04, Coopérative d'exportation du Livre Français
(C.E.L.F:) v Commission of the European Communities.

the President of
Instance of

(1) OJ C 168 of 26.6.2004.

(1) OJ C 300 of 4.12.2004.

Removal from the Register of Case T-159/04 (1)

(2005/C 115/75)

(Language of the case: Italian)

the Third
By order of 19 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-159/04, Davide Rovetta v Commission of the European
Communities.

the President of
Instance of

(1) OJ C 179 of 10.7.2004.

Removal from the Register of Case T-391/04 (1)

(2005/C 115/77)

(Language of the case: French)

the Fifth
By order of 14 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-391/04, Bernard Nonat v Commission of the European
Communities.

the President of
Instance of

(1) OJ C 314 of 18.12.2004.
Prior notification of a concentration (Case COMP/M.3813 — Fortune Brands/Allied Domecq)Text with EEA relevance#Text with EEA relevance
Date: 2005-05-14
Institutions: European Commission
Subjects: beverage industry, economic concentration, merger control

C 114/6

EN

Official Journal of the European Union

14.5.2005

Prior notification of a concentration

(Case COMP/M.3813 — Fortune Brands/Allied Domecq)

(2005/C 114/06)

(Text with EEA relevance)

1.
On 2 May 2005, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Fortune Brands Inc.
(‘Fortune Brands’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of
brands and assets of Allied Domecq plc (‘Allied Domecq’, United Kingdom) and of Pernod Ricard SA
(‘Pernod Ricard’, France) by way of purchase of shares in an acquisition vehicle company.

2.

The business activities of the undertakings concerned are:

— for the undertaking Fortune Brands: consumer products, including spirits and wines,

— for the assets of Allied Domecq: spirits and wines,

— for the assets of Pernod Ricard: spirits (primarly gin).

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3813 — Fortune Brands/Allied Domecq, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
Removal from the Register of Case T-151/04
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, promotion, staff assessment

14.5.2005

EN

Official Journal of the European Union

C 115/41

Removal from the Register of Case T-151/04 (1)

Removal from the Register of Case T-372/04 (1)

(2005/C 115/74)

(Language of the case: French)

the Fifth
By order of 14 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-151/04, Bernard Nonat v Commission of the European
Communities.

the President of
Instance of

(2005/C 115/76)

(Language of the case: French)

the Third
By order of 31 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-372/04, Coopérative d'exportation du Livre Français
(C.E.L.F:) v Commission of the European Communities.

the President of
Instance of

(1) OJ C 168 of 26.6.2004.

(1) OJ C 300 of 4.12.2004.

Removal from the Register of Case T-159/04 (1)

(2005/C 115/75)

(Language of the case: Italian)

the Third
By order of 19 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-159/04, Davide Rovetta v Commission of the European
Communities.

the President of
Instance of

(1) OJ C 179 of 10.7.2004.

Removal from the Register of Case T-391/04 (1)

(2005/C 115/77)

(Language of the case: French)

the Fifth
By order of 14 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-391/04, Bernard Nonat v Commission of the European
Communities.

the President of
Instance of

(1) OJ C 314 of 18.12.2004.
Case C-164/05: Action brought on 8 April 2005 by the Commission of the European Communities against the French Republic
Date: 2005-05-14
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, health care profession, recognition of vocational training qualifications

C 115/18

EN

Official Journal of the European Union

14.5.2005

Pleas in law and main arguments

The period for transposing the directive into national
expired on 27 December 2003.

law

(1) OJ L 168 of 27.06.2002, p. 43.

care, dental practitioner, veterinary surgeon, midwife, archi-
tect, pharmacist and doctor (1) and, in any event, by failing
to communicate them to the Commission,
the French
Republic has failed to fulfil its obligations under that direc-
tive;

2. order the French Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of the Directive into national law
expired on 1 January 2003.

Action brought on 8 April 2005 by the Commission of the
European Communities against the French Republic

(1) OJ L 206, 31.07.2001, p. 1.

(Case C-164/05)

(2005/C 115/33)

(Language of the case: French)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 8 April 2005
by the Commission of the European Communities, represented
by D. Maidani and H. Støvlbæk, acting as Agents, with an
address for service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/19/EC of the European Parliament and of the
Council of 14 May 2001 amending Council Directives
89/48/EEC and 92/51/EEC on the general system for the
recognition of professional qualifications and Council Direc-
tives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC,
78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC,
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC
concerning the professions of nurse responsible for general

Removal from the register of Joined Cases C-426/03, C-
427/03, C-428/03 and C-429/03 (1)

(2005/C 115/34)

(Language of the case: Italian)

(references

By order of 15 December 2004 the President of the Court of
Justice of the European Communities ordered the removal from
the register of Joined Cases C-426/03, C-427/03, C-428/03 and
for a preliminary ruling from the
C-429/03:
Commissione
di Massa Carrara):
GE.M.E.G. Srl v Comune di Carrara CERIT SpA.(C-426/03),
OMYA Spa v Comune di Carrara (C-427/03), Roberto Loren-
zoni v Comune di Carrara Bipielle Riscossioni SpA (C-428/03)
and DUEGI TRASPORTI Srl v Comune di Carrara (C-429/03).

provinciale

tributaria

(1) OJ C 21 of 24.01.2004.
Removal from the Register of Case T-391/04
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, promotion, regulations for civil servants, staff assessment

14.5.2005

EN

Official Journal of the European Union

C 115/41

Removal from the Register of Case T-151/04 (1)

Removal from the Register of Case T-372/04 (1)

(2005/C 115/74)

(Language of the case: French)

the Fifth
By order of 14 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-151/04, Bernard Nonat v Commission of the European
Communities.

the President of
Instance of

(2005/C 115/76)

(Language of the case: French)

the Third
By order of 31 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-372/04, Coopérative d'exportation du Livre Français
(C.E.L.F:) v Commission of the European Communities.

the President of
Instance of

(1) OJ C 168 of 26.6.2004.

(1) OJ C 300 of 4.12.2004.

Removal from the Register of Case T-159/04 (1)

(2005/C 115/75)

(Language of the case: Italian)

the Third
By order of 19 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-159/04, Davide Rovetta v Commission of the European
Communities.

the President of
Instance of

(1) OJ C 179 of 10.7.2004.

Removal from the Register of Case T-391/04 (1)

(2005/C 115/77)

(Language of the case: French)

the Fifth
By order of 14 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-391/04, Bernard Nonat v Commission of the European
Communities.

the President of
Instance of

(1) OJ C 314 of 18.12.2004.