Judgment of the Court of First Instance of 15 June 2005 in Case T-7/04 Shaker di L. Laudato & C. Sas v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for figurative Community trade mark Limoncello della Costiera Amalfitana shaker — Earlier national word mark LIMONCHELO — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fruit product, trade-mark law

C 205/20

EN

Official Journal of the European Union

20.8.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 June 2005

in Case T-352/03, Giorgio Lebedef v Commission of the
European Communities (1)

(Community officials — Staff report — Delay in drawing up
report — Action for damages)

(2005/C 205/34)

(Language of the case: French)

the European Communities,

In Case T-352/03, Giorgio Lebedef, official of the Commission
residing in Senningerberg
of
(Luxembourg), represented by G. Bouneou and F. Frabetti,
lawyers, with an address for service in Luxembourg, v Commis-
sion of the European Communities (Agents: J. Currall and C.
Berardis-Kayser, with an address for service in Luxembourg) —
action for damages by way of compensation for the non-
pecuniary damage suffered due to the delay in drawing up the
staff report for the 1999/2001 period, — the Court of First
I. Natsinas,
Instance, composed of V. Tiili,
in
Administrator, has given a judgment on 16 June 2005,
which it:

Judge, Registrar:

1) Orders the Commission to pay the applicant

the amount of

EUR 950.

2) Dismisses the remainder of the action.

3) Orders the Commission to pay the costs.

(1) OJ C 7 of 10.1.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 June 2005

in Case T-7/04 Shaker di L. Laudato & C. Sas v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Application for figurative Com-
munity trade mark Limoncello della Costiera Amalfitana
shaker — Earlier national word mark LIMONCHELO —
Likelihood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94)

(2005/C 205/35)

(Language of the case: Italian)

In Case T-7/04: Shaker di L. Laudato & C. Sas, established in
lawyer,
Vietri sul Mare (Italy), represented by F. Sciaudone,

against Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (agent: M. Capostagno), the other
party to the proceedings before the Board of Appeal of OHIM
having been Limiñana y Botella, SL, established in Monforte del
Cid (Spain), action brought against the decision of the Second
Board of Appeal of OHIM of 24 October 2003 (Case R 933/
2002-2), relating to opposition proceedings between Limiñana
y Botella, SL and Shaker di L. Laudato & C. Sas, the Court of
First Instance (Third Chamber), composed of M. Jaeger, Presi-
dent, J. Azizi and E. Cremona, Judges; B. Pastor, Deputy Regis-
trar, gave a judgment on 15 June 2005, in which it:

1. Annuls the decision of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) of 24 October 2003 (Case R 933/2002-2)
and alters it so that the appeal brought before OHIM by the
applicant is well founded and consequently the opposition must be
rejected;

2. Orders OHIM to pay the costs.

(1) OJ C 59 of 6.3.2004.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 June 2005

in Case T-19/04, Metso Paper Automation Oy v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Word mark PAPERLAB — Abso-
lute ground for refusal of registration — Article 7(1)(c) of
Regulation (EC) No 40/94 — Descriptive sign)

(2005/C 205/36)

(Language of the case: English)

(OHIM)

(Finland),

represented by J. Tanhuanpää,

In Case T-19/04, Metso Paper Automation Oy, established in
Helsinki
lawyer,
against the Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(agent: S. Laitinen) —
action against the decision of the First Board of Appeal of
OHIM of 17 November 2003 (Case R 842/2002-1) concerning
an application for registration of the Community word mark
Instance (Fourth Chamber),
PAPERLAB,
composed of H. Legal, President, P. Mengozzi and I. Wisz-
niewska-Białecka, Judges; B. Pastor, Deputy Registrar, for the
Registrar, gave a judgment on 22 June 2005, in which it:

the Court of First