Judgment of the Court of First Instance of 21 April 2005 in Case T-28/03 Holcim (Deutschland) AG v Commission of the European Communities (Article 85 of the EC Treaty (now Article 81 EC) — Compliance with a judgment of the Court of First Instance — Reimbursement of bank guarantee charges — Non-contractual liability of the Community)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for failure to act, fine, redemption

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;

25.6.2005

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Official Journal of the European Union

C 155/15

3. Dismisses as inadmissible the claim for damages, as regards the
incurred by the applicant before 31

bank guarantee charges
January 1998;

2. Orders the applicant to pay the costs incurred by the Office for
(Trade Marks and

Internal Market

Harmonisation in the
Designs);

4. Dismisses the remainder of the application as unfounded;

3. Orders the intervener to bear its own costs.

5. Orders the applicant to pay the costs.

(1) OJ C 184, 2.08.2003.

(1) OJ C 124 of 24.5.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 April 2005

of 21 April 2005

in Case T-164/03 Ampafrance SA v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative trade mark comprising the
word element ‘monBeBé’ — Earlier word marks bebe — Rela-
tive ground of refusal — Likelihood of confusion — Article
8(1)(b) and (5) of Regulation (EC) No 40/94)

in Case T-211/03 Faber Chimica Srl v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Application for figurative mark
Faber — Opposition of the proprietor of the national word
and figurative marks NABER — Refusal of registration)

(2005/C 155/30)

(2005/C 155/29)

(Language of the case: Italian)

(Language of the case: French)

In Case T-164/03: Ampafrance SA, established in Cholet
(France), represented by C. Bercial Arias, lawyer, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: A. Rassat and A. Folliard-Monguiral),
the other party to the proceedings before the Board of Appeal
of OHIM, intervening before the Court of First Instance, being
established in Düsseldorf
Johnson and Johnson GmbH,
(Germany), represented by D. von Schultz,
lawyer — action
against the decision of the First Board of Appeal of OHIM of 4
March 2003 (Case R 220/2002-1), concerning opposition
proceedings between Ampafrance SA and Johnson & Johnson
GmbH — the Court of First
Instance (Third Chamber),
composed of M. Jaeger, President, V. Tiili and O. Czúcz, Judges;
J. Plingers Administrator, for the Registrar, gave a judgment on
21 April 2005, in which it:

1. Dismisses the action;

In Case T-211/03: Faber Chimica Srl, established in Fabriano
(Italy), represented by P. Tartuferi and M. Andreano, lawyers,
against Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: M. Capostagno and O.
Montalto), the other party to the proceedings before the Board
of Appeal of OHIM being Industrias Quimicas Naber, SA
Nabersa, established in Valencia (Spain) — action against the
decision of the Fourth Board of Appeal of OHIM of 19 March
2003 (Case R 620/2001-4) concerning opposition proceedings
between Faber Chimica Srl and Industrias Quimicas Naber, SA
Nabersa — the Court of First
Instance (Second Chamber),
composed of J. Pirrung, President, N.J. Forwood and S. Papa-
savvas, Judges; J. Palacio González, Principal Administrator, for
the Registrar, gave a judgment on 20 April 2005, in which it:

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and
for Harmonisation in the Internal Market
Designs) of 19 March 2003 (Case R 620/2001-4) in so far as
it upholds the opposition of the proprietor of the Spanish word
mark NABER;