Case T-506/04: Action brought on 31 December 2004 by SUCCESS-MARKETING Unternehmensberatungsgesellschaft m.b.H. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cereal product, pastry-making, trade-mark law

C 193/28

EN

Official Journal of the European Union

6.8.2005

ORDER OF THE COURT OF FIRST INSTANCE

3. The Kingdom of Spain shall bear its own costs.

of 25 May 2005

(1) OJ C 59 of 6.3.2004.

in Case T-443/03 Sociedad Operadora de Telecomunica-
ciones de Castilla y León, SA (Retecal) and Others v
Commission of the European Communities (1)

(Competition — Concentrations — Complaint concerning an
alleged failure by the Spanish authorities to fulfil their obli-
gations — Decision to take no further action on the
complaint — Inadmissibility)

Action brought on 31 December 2004 by SUCCESS-
MARKETING Unternehmensberatungsgesellschaft m.b.H.
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(2005/C 193/46)

(Language of the case: Spanish)

Jiménez Laiglesia,

In Case T-443/03: Sociedad Operadora de Telecomunicaciones
de Castilla y León, SA (Retecal), established in Boecillo (Spain),
Euskaltel, SA, established in Zamudio-Vizcaya (Spain), Telecable
de Asturias, SA, established in Oviedo (Spain), R Cable y Tele-
comunicaciones Galicia, SA, established in La Coruña (Spain),
Tenaria, SA, established in Cordovilla (Spain), represented by
J.
lawyer, against the Commission of the
European Communities (Agent: F. Castillo de la Torre, with an
address for service in Luxembourg), supported by the Kingdom
of Spain (Agent: L. Fraguas Gadea), by Sogecable, SA, estab-
lished in Tres Cantos, Madrid (Spain),
represented by
S. Martínez Lage and H. Brokelmann, lawyers, and by Telefó-
nica, SA, established in Madrid,
represented initially by
M. Merola and S. Moreno Sánchez, lawyers, and subsequently
by M. Merola — action seeking the annulment of the decision
of the Commission of 21 October 2003 to take no further
action on the applicants' complaint of an alleged infringement
by the Spanish authorities of Article 9(8) of Council Regulation
(EEC) No 4064/89 of 21 December 1989 on the control of
concentrations between undertakings (corrected version, OJ
1990 L 257, p. 13)
the concentration
between Vía Digital and Sogecable (Case COMP/M.2845 —
Sogecable/Canal Satélite Digital/Vía Digital) — the Court of
First Instance (Fifth Chamber), composed of M. Vilaras, Presi-
dent, F. Dehousse and D. Švaby, Judges; H. Jung, Registrar,
made an order on 25 May 2005, the operative part of which is
as follows:

in the context of

1. The action is dismissed as inadmissible.

(Case T-506/04)

(2005/C 193/47)

(Language of the application: German)

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 31
December 2004 by SUCCESS-MARKETING Unternehmensbera-
tungsgesellschaft m.b.H., Linz (Austria), represented by G. Seck-
lehner and C. Ofner, lawyers, with an address for service in
Luxembourg.

The other party before the Board of Appeal was CHIPITA
INTERNATIONAL S.A. INTERNATIONAL DIVISION, Athens.

The applicant claims that the Court should:

— set aside the decision of 15 October 2004 of the Second
Board of Appeal of the Office for Harmonisation in the
Internal Market
(Case R
39/2004-2);

(Trade Marks and Designs)

2. The applicants shall bear their own costs as well as those incurred
by the Commission, by Telefónica, SA and by Sogecable, SA.

— order the defendant to pay the costs of the proceedings.

6.8.2005

EN

Official Journal of the European Union

C 193/29

Pleas in law and main arguments

Registered Community
trade mark in respect of
which a declaration of
invalidity is sought:

The figurative mark PAN SPEZIA-
LITÄTEN for goods in Class 30
(prepared baking mixtures
for
bread, cakes, bread rolls, crois-
sants, pizzas…) — Community
trade mark No 382 374.

Proprietor of the Com-
munity trade mark:

CHIPITA INTERNATIONAL S.A.
INTERNATIONAL DIVISION

Applicant
for declara-
tion of invalidity of the
Community trade mark:

The applicant

Communities on 28 January 2005 by Anke Kröppelin, residing
in Brussels (Belgium), represented by Sébastien Orlandi, Xavier
Marten, Albert Coolen, Etienne Marchal and Jean-Noël Louis,
lawyers, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. annul the Council's decision rejecting the applicant's request
its decision not to award him the expatriation

to annul
allowance and the associated rights;

2. order the defendant to pay the costs.

Decision of the Cancel-
lation Division:

Rejection of the application for a
declaration of invalidity.

Pleas in law and main arguments

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal.

The pleas in law put forward by the applicant are the same as
those put forward by the same applicant in Case T-408/04 (1).

— The registered trade mark is
devoid of any distinctive char-
acter within the meaning of
Article 7(1)(b) of Regulation
(EC) No 40/94.

— The trade mark is descriptive
and is
thus not capable of
being protected under Article
the Regulation as
7(1)(c) of
regards
containing
goods
cereals or manufactured with
cereal products. The
trade
mark is deceptive in the sense
of Article 7(1)(g) of the Regu-
lation as regards those goods
not containing cereals or not
manufactured
cereal
products.

with

(1) OJ 2004 C 300 of 4.12.2004, p. 50.

Action brought on 4 May 2005 by Franky Callewaert and
Others against Commission of the European Communities

(Case T-192/05)

(2005/C 193/49)

(Language of the case: French)

Action brought on 28 January 2005 by Anke Kröppelin
against Council of the European Union

(Case C-T-54/05)

(2005/C 193/48)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 4 May 2005 by Franky Callewaert,
residing in Roeselare (Belgium) and Others, represented by
Georges Vandersanden and Laure Levi, lawyers.

The applicants claim that the Court should:

— annul the classification in grade granted to the applicants in
their recruitments decisions, in so far as that classification is
based on Article 12(3) of Annex XIII to the new Staff Regu-
lations;