Judgment of the Court of First Instance of 19 April 2005 in Joined Cases T-380/02 and T-128/03: Success-Marketing Unternehmensberatungsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for restitutio in integrum — Conditions governing notification of decisions and communications by OHIM — Facsimile transmission)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), foodstuff, trade-mark law

25.6.2005

EN

Official Journal of the European Union

C 155/13

2. Orders the applicant to pay the costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 274 of 9.11.2002.

of 19 April 2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 April 2005

in Case T-353/02 Duarte y Beltrán SA v Office for Harmo-
nisation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark INTEA — Earlier national
word marks INTESA — Refusal of registration — Relative
ground for refusal — Article 8(1)(b) of Regulation (EC) No
40/94)

(2005/C 155/25)

(Language of the case: Spanish)

In Case T-353/02: Duarte y Beltrán SA, established in
Santander (Spain), represented initially by N. Moya Fernandez,
and subsequently by J. Calderón Chavero and T. Villate
Consonni, lawyers, against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents: M.
Schneider and P. Jurado Montejano), the other party to the
proceedings before the Board of Appeal of OHIM being Mirato
SpA, established in Novara (Italy) — action against the decision
of the Second Board of Appeal of OHIM of 6 August 2002
(Case R 407/2001-2)
concerning opposition proceedings
between Duarte y Beltrán SA and Mirato SpA — the Court
(Second Chamber), composed of
J.
Forwood and I. Pelikánová, Judges; B. Pastor, Assistant Regis-
trar, has given a judgment on 13 April 2005, in which it:

J. Pirrung, President, N.

1. Dismisses the action.

2. Orders the applicant to pay the costs.

(1) JO C 44 of 22.2.2003.

in Joined Cases T-380/02 and T-128/03: Success-Marketing
Unternehmensberatungsgesellschaft mbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Application for restitutio in inte-
grum — Conditions governing notification of decisions and
communications by OHIM — Facsimile transmission)

(2005/C 155/26)

(Language of the case: German)

In Joined Cases T-380/02 and T-128/03 Success-Marketing
Unternehmensberatungsgesellschaft mbH, established in Linz
(Austria), represented by G. Secklehner and C. Ofner, avocats,
with an address for service in Luxembourg v Office for Harmo-
nisation in the Internal Market
(Trade Marks and Designs)
(OHIM) (Agent: J. Weberndörfer and G. Schneider), the other
party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance in Case T-128/
03, being Chipita International SA, established in Athens
(Greece), represented by P. Hoffmann, avocat — actions for
annulment brought, first, against the decision of the First Board
of Appeal of OHIM of 26 September 2002 (Case R 26/2001-1)
rejecting the application by the applicant for restitutio in inte-
grum and, secondly, of the decision of 13 February 2003 and/
or the decision of 13 March 2003 of the First Board of Appeal
concerning opposition
of OHIM (Case R 1124/2000-1)
proceedings between Success-Marketing Unternehmensbera-
tungsgesellschaft mbH and Chipita International SA, — the
Court of First
Instance (Fifth Chamber), composed of M.
Vilaras, President, M. E. Martins Ribeiro and K. Jürimäe, Judges;
I. Natsinas, Administrator, for the Registrar, gave a judgment
on 19 April 2005, in which it:

1. Dismisses the actions;

2. Orders the applicant to pay its own costs as well as those incurred
by the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM);

C 155/14

EN

Official Journal of the European Union

25.6.2005

3. Orders Chipita International SA to bear its own costs.

3. Orders the interveners to bear their own costs.

(1) OJ C 101 of 26.4.2003.

(1) OJ C 55 of 8.3.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 April 2005

of 21 April 2005

in Case T-2/03 Verein für Konsumenteninformation v
Commission of the European Communities (1)

in Case T-28/03 Holcim (Deutschland) AG v Commission
of the European Communities (1)

(Access to documents — Regulation (EC) No 1049/2001 —
Request relating to a very large number of documents —
Total refusal of access — Obligation to carry out a concrete,
individual examination — Exceptions)

(Article 85 of the EC Treaty (now Article 81 EC) — Compli-
ance with a judgment of the Court of First Instance — Reim-
bursement of bank guarantee charges — Non-contractual
liability of the Community)

(2005/C 155/27)

(Language of the case: German)

(2005/C 155/28)

(Language of the case: German)

In Case T-2/03: Verein für Konsumenteninformation, estab-
lished in Vienna (Austria), represented by A. Klauser, lawyer,
against Commission of the European Communities (Agents: S.
Rating and P. Aalto, with an address for service in Luxem-
bourg), supported by Bank für Arbeit und Wirtschaft AG,
lawyer,
established in Vienna, represented by H.-J. Niemeyer,
with an address for service in Luxembourg, and by Österrei-
chische Volksbanken AG, established in Vienna, and Niederös-
terreichische Landesbank-Hypothekenbank AG, established in
Sankt Pölten (Austria), represented by R. Roniger, A. Ablasser
and W. Hemetsberger, lawyers — application for annulment of
Commission Decision D (2002) 330472 of 18 December 2002
relating to a request for access to the administrative file in Case
COMP/36.571/D-1, Austrian banks — ‘Lombard Club’ — the
Court of First Instance (First Chamber, Extended Composition),
composed of B. Vesterdorf, President, M. Jaeger, P. Mengozzi,
M.E. Martins Ribeiro and I. Labucka, Judges; H. Jung, Registrar,
gave a judgment on 13 April 2005, in which it:

1. Annuls Decision D (2002) 330472 relating to a request for
access to the administrative file in Case COMP/36.571/D-1,
Austrian banks — ‘Lombard Club’;

2. Orders the Commission to pay the costs;

In Case T-28/03: Holcim (Deutschland) AG, formerly Alsen
AG, established in Hamburg (Germany), represented initially by
F. Wiemer, and K. Moosecker, then by F. Wiemer, P. Nigge-
mann and B. Menkhaus, lawyers, against Commission of the
European Communities (Agents: R. Lyal and W. Mölls, with an
address for service in Luxembourg) — Application for compen-
sation in the form of reimbursement of the bank guarantee
charges incurred by the applicant following a fine fixed by
Commission Decision 94/815/EC of 30 November 1994
relating to a proceeding under Article 85 of the EC Treaty
(Cases IV/33.126 and 33.322 — Cement) (OJ 1994 L 343,
p. 1), which was annulled by the judgment of the Court of First
Instance of 15 March 2000 in Joined Cases T-25/95, T-26/95,
T-30/95 to T-32/95, T-34/95 to T-39/95, T-42/95 to T-46/95,
T-48/95, T-50/95 to T-65/95, T-68/95 to T-71/95, T-87/95, T-
88/95, T-103/95 and T-104/95 Cimenteries CBR and Others v
Commission (‘Cement’) [2000] ECR II-491 — the Court of First
Instance (Third Chamber), composed of J. Azizi, President, M.
Jaeger and F. Dehousse, Judges; H. Jung, Registrar, gave a judg-
ment on 21 April 2005, in which it:

1. Dismisses the action as inadmissible in so far as it is based on

Article 233 EC;

2. Dismisses as inadmissible the alternative request that the action,
in so far as it is based on Article 233 EC, be interpreted as being
an action for annulment or for failure to act;