Judgment of the Court of First Instance of 11 May 2005 in Case T-31/03 Grupo Sada PA SA v Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM) (Community trade mark — Opposition proceedings — Application for a figurative Community trade mark containing the verbal element ‘GRUPO SADA’ — Earlier figurative national trade mark including the verbal element ‘sadia’ — Refusal in part to register — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), agricultural product, electronic commerce, foodstuff, trade-mark law

9.7.2005

EN

Official Journal of the European Union

C 171/15

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 May 2005

of 26 April 2005

in Case T-31/03 Grupo Sada PA SA v Office for Harmoni-
sation in the Internal Market (trade marks and designs)
(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for a figurative Community trade mark containing the
verbal
figurative
national trade mark including the verbal element ‘sadia’ —
Refusal in part to register — Article 8(1)(b) of Regulation
(EC) No 40/94)

‘GRUPO SADA’ — Earlier

element

(2005/C 171/25)

(Language of the case: Spanish)

In Case T-31/03: Grupo Sada PA SA, established in Madrid,
Spain, represented by A. Aguilar De Armas and J. Marrero
Ortega,
lawyers, against the Office for Harmonisation in the
Internal Market (trade marks and designs) (OHIM) (Agents: J.
the other party to the
García Murillo and G. Schneider),
proceedings before the Board of Appeal of the OHIM, inter-
vening before the Court of First Instance, being Sadia SA, estab-
lished at Concordia (Brazil), represented by J. García del Santo
and P. García Cabrerizo, lawyers — application for annulment
of the decision of the First Board of Appeal of the OHIM of 20
November 2002 (case R 567/2001-1) — the Court of First
Instance (Fourth Chamber), composed of H. Legal, President, P.
Mengozzi and I. Wiszniewska-Bialecka, Judges; B. Pastor, Regis-
trar, has given a judgment on 11 May 2005, in which it:

in Joined Cases T-110/03, T-150/03 and T-405/03 Jose
Maria Sison v Council of the European Union (1)

(Access to documents — Regulation (EC) No 1049/2001 —
Documents relating to Council decisions concerning the fight
against terrorism — Exceptions relating to the protection of
the public interest — Public security — International rela-
tions — Partial access — Statement of reasons — Rights of
the defence)

(2005/C 171/26)

(Language of the case: English)

(Netherlands),

In Joined Cases T-110/03, T-150/03 and T-405/03: Jose Maria
Sison, residing in Utrecht
represented by J.
Fermon, A. Comte, H. Schultz and D. Gurses, lawyers, against
Council of the European Union, represented by M. Vitsentzatos,
M. Bauer and M. Bishop — applications for annulment of the
three Council decisions of 21 January, 27 February and 2
October 2003 refusing access to documents relating to Council
Decisions 2002/848/EC, 2002/974/EC and 2003/480/EC of 28
October 2002, 12 December 2002 and 27 June 2003 respec-
tively implementing Article 2(3) of Regulation (EC) No
2580/2001 on specific restrictive measures directed against
certain persons and entities with a view to combating terrorism
and repealing Decisions 2002/460/EC, 2002/848/EC and
2002/974/EC respectively — the Court of First
Instance
(Second Chamber), composed of
J. Pirrung, President, N.J.
Forwood and S. Papasavvas, Judges; J. Plingers, Administrator,
for the Registrar, gave a judgment on 26 April 2005, in which
it:

1. Dismisses the applications in Cases T-110/03 and T-150/03 as

unfounded;

1. Dismisses the action.

2. Dismisses part of the application in Case T-405/03 as inadmis-

sible and the remainder as unfounded;

2. Orders the applicant to pay the costs.

3. Orders the applicant to pay the costs in Cases T-110/03, T-150/

(1) OJ C 70 of 22 March 2003

03 and T-405/03.

(1) OJ C 146 of 21.6.2003.