Judgment of the Court of First Instance of 31 May 2005 in Case T-373/03 Solo Italia Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark PARMITALIA — Time-limit for bringing an appeal against the decision of the Opposition Division — Article 59 of Regulation (EC) No 40/94 — Rule 48 of Regulation (EC) No 2868/95 — Inadmissibility of the appeal)
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cheese, trade-mark law

6.8.2005

EN

Official Journal of the European Union

C 193/27

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 May 2005

of 9 June 2005

in Case T-373/03 Solo Italia Srl v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

in Case T-80/04 Jean-Pierre Castets v Commission of the
European Communities (1)

(Community trade mark — Word mark PARMITALIA —
Time-limit for bringing an appeal against the decision of the
Opposition Division — Article 59 of Regulation (EC) No
40/94 — Rule 48 of Regulation (EC) No 2868/95 — Inad-
missibility of the appeal)

(Officials — Invalidity — Compensation for leave not taken
— Number of days taken into account for the purpose of
calculating compensation — Reasons not attributable to the
requirements of the service)

(2005/C 193/44)

(2005/C 193/45)

(Language of the case: French)

(Language of the case: French)

In Case T-373/03: Solo Italia Srl, established in Ossona (Italy),
represented by A. Bensoussan, M.-E. Haas and L. Tellier-
Loniewski, lawyers, with an address for service in Luxembourg,
against Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: I. de Medrano Caballero
and A. Folliard-Monguiral), the other party to the proceedings
before the Board of Appeal of OHIM and intervener before the
Court of First Instance being Nuova Sala Srl, established in
Brescia (Italy), represented by E. Gavuzzi, S. Hassan and C.
Pastore, lawyers — application brought against the decision of
the Second Board of Appeal of OHIM of 10 September 2003
(Case R 208/2003-2), confirming the refusal to register the
word mark PARMITALIA — the Court of First Instance (First
Chamber), composed of J.D. Cooke, President, I. Labucka and
V. Trstenjak, Judges;
J. Palacio González, Principal Adminis-
trator, for the Registrar, gave a judgment on 31 May 2005, in
which it:

In Case T-80/04: Jean-Pierre Castets, a former official of the
Commission of the European Communities, residing in Saint-
Victor-des-Oules (France), represented by G. Crétin,
lawyer,
against the Commission of the European Communities (Agents:
J. Currall and V. Joris, with an address for service in Luxem-
bourg) — application for annulment of the decision of the
Commission fixing the amount of compensation for annual
leave not taken by the applicant at the time of leaving the
service, insofar as the compensation calculation is a result of
the fact that the amount of leave which may be carried over is
limited to twelve days per calendar year — the Court of First
Instance (Fourth Chamber), composed of H. Legal, President,
P. Mengozzi and I. Wiszniewska-Białecka,
Jung,
Registrar, gave a judgment on 9 June 2005, in which it:

Judges; H.

1. Dismisses the action;

1. Dismisses the action;

2. Orders the applicant to pay the costs.

2. Orders the parties to bear their own costs.

(1) OJ C 21 of 24.1.2004.

(1) OJ C 94 of 17.4.2004.