do-me/EUR-LEX huggingface dataset:
Case T-280/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), hand tool, trade-mark law

3.9.2005

EN

Official Journal of the European Union

C 217/61

Action brought on 20 July 2005 by The Black & Decker
Corporation against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Trade mark or
cited in opposition:

sign

Non-registered trade marks and
signs, used in the course of trade
in all Member States for power
tools

(Case T-280/05)

(2005/C 217/120)

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

Decision of
of Appeal:

the Board

Annuls the contested decision and
remits the case to the Opposition
Division for further prosecution

(Language in which the application was lodged: English)

Pleas in law:

that

have

claims

applicant

the
The
opposition
been
should
declared inadmissible as it did not
identify
the
earlier marks and signs relied on,
in violation of Rule 18(1) of Regu-
lation No. 2868/1995 (1).

sufficiently

clearly

(1) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark, OJ L 303, 15/12/1995, p. 1

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Court of First Instance of the European Communities on 20
July 2005 by The Black & Decker Corporation, established in
Towson, Maryland (USA), represented by P. Harris, Solicitor.

Atlas Copco Aktiebolag established in Stockholm (Sweden),
was also a party to the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

— annul the contested decision of the First Board of Appeal of

the OHIM of 3 May 2005 (Case R 794/2004-1);

— declare opposition proceedings B622 250 inadmissible;

— order that the costs occasioned by the applicant in the
course of the present proceedings and its appeal be borne
by the OHIM.

Removal from the Register of Case T-50/97 (1)

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

The applicant

Community trade mark
concerned:

Colour mark in black and yellow
in Class 7 (manually operated
portable electric power tools etc.)

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Atlas Copco Aktiebolag

(2005/C 217/121)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-50/97,
H. Buwalda v Council of the European Union and Commission
of the European Communities.

(1) OJ C 142 of 10.5.1997.
Removal from the Register of Case T-437/03
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), demotion, promotion, seniority

C 217/64

EN

Official Journal of the European Union

3.9.2005

Removal from the Register of Case T-69/97 (1)

Removal from the Register of Case T-385/02 (1)

(2005/C 217/134)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-69/97, M.V.
Diederen v Council of the European Union and Commission of
the European Communities.

(2005/C 217/136)

(Language of the case: English)

By order of 10 June 2005, the President of the Fourth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-385/02, Marta
Andreasen v Commission of the European Communities.

(1) OJ C 142 of 10.5.1997

(1) OJ C 44 of 22.2.2003.

Removal from the Register of Case T-145/97 (1)

(2005/C 217/135)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-145/97, J.P.W.
Vrencken v Council of the European Union and Commission of
the European Communities.

(1) OJ C 142 of 10.5.1997.

Removal from the Register of Case T-437/03 (1)

(2005/C 217/137)

(Language of the case: French)

By order of 7 June 2005, the President of the Fourth Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-437/03,
Anne-Marie Mathieu v Commission of the European Commu-
nities.

(1) OJ C 59 of 6.3.2004.
Judgment of the Court of First Instance of 5 July 2005 in Case T-370/03 Jacques Wunenburger v Commission of the European Communities (Officials — Post of Director of the Commission EuropeAid Co-operation Office — Vacancy notice — Rejection of candidature — Action for annulment — Legal interest in bringing proceedings — Statement of reasons — Manifest error of assessment)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: ACP countries, EU office or agency, European Commission, action for annulment (EU), appointment of staff

3.9.2005

EN

Official Journal of the European Union

C 217/37

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 June 2005

of 5 July 2005

in Case T-347/03 Eugénio Branco, Lda v Commission of
the European Communities (1)

in Case T-370/03 Jacques Wunenburger v Commission of
the European Communities (1)

(European Social Fund — Reduction of financial assistance
— Subcontracting — Acquired rights — Reasonable time)

(Officials — Post of Director of the Commission EuropeAid
Co-operation Office — Vacancy notice — Rejection of candi-
dature — Action for annulment — Legal interest in bringing
proceedings — Statement of reasons — Manifest error of
assessment)

(2005/C 217/82)

(2005/C 217/83)

(Language of the case: Portuguese)

(Language of the case: French)

In Case T-347/03: Eugénio Branco, Lda, established in Lisbon
(Portugal), represented by B. Belchior, lawyer, with an address
for service in Luxembourg, against Commission of the Euro-
pean Communities (Agents:
initially A. Alves Vieira and A.
Weimar and subsequently P. Andrade and A. Weimar, with an
address for service in Luxembourg) — application for annul-
ment of Commission Decision C (2002) 3455 of 23 October
2002 reducing financial assistance from the European Social
Fund, in Case No 870302 P3 — the Court of First Instance
(Fifth Chamber), composed of M. Vilaras, President, F. Dehousse
and D. Šváby, Judges; H. Jung, Registrar, gave a judgment on
30 June 2005, in which it:

Jacques Wunenburger, official of

the
In Case T-370/03:
Commission of the European Communities, resident in Zagreb
(Croatia), represented by É. Boigelot, lawyer, with an address
for service in Luxembourg, against Commission of the Euro-
pean Communities (Agents: J. Currall and G. Berscheid with an
address for service in Luxembourg) — request for annulment
of, firstly, the Commission's decision not to appoint the appli-
cant to the post of Director in the Directorate ‘Africa, Carib-
bean, Pacific’ of
the EuropeAid Co-operation Office and,
secondly, the decision to appoint another person to that post
— the Court of First Instance (First Chamber), composed of J.
D. Cooke, President, R. García-Valdecasas and I. Labucka,
Judges; I. Natsinas, Principal Administrator for the Registrar,
gave a judgment on 5 July 2005, in which it:

1. Dismisses the action;

1. Dismisses the application;

2. Orders the applicant to pay the costs.

2. Orders the parties to bear their own costs.

(1) OJ C 7, 10.01.2004.

(1) OJ C 21 of 24.1.2004
Removal from the Register of Case T-58/97
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for failure to act, agricultural quota, dairy production, indemnification, regulation of agricultural production

3.9.2005

EN

Official Journal of the European Union

C 217/63

Removal from the Register of Case T-58/97 (1)

Removal from the Register of Case T-65/97 (1)

(2005/C 217/128)

(2005/C 217/131)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-58/97, H.
Heringa v Council of the European Union and Commission of
the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-65/97,
Th.H.P. Neelen v Council of the European Union and Commis-
sion of the European Communities.

(1) OJ C 142 of 10.5.1997

(1) OJ C 142 of 10.5.1997

Removal from the Register of Case T-59/97 (1)

Removal from the Register of Case T-66/97 (1)

(2005/C 217/129)

(2005/C 217/132)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-59/97, A.
Lukens Folkers v Council of the European Union and Commis-
sion of the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-66/97, J.T.F.J.
Op 't Veld v Council of the European Union and Commission
of the European Communities.

(1) OJ C 142 of 10.5.1997

(1) OJ C 142 of 10.5.1997

Removal from the Register of Case T-63/97 (1)

Removal from the Register of Case T-67/97 (1)

(2005/C 217/130)

(2005/C 217/133)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-63/97, P.J.M.
Janssen v Council of the European Union and Commission of
the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-67/97, J.P.M.
Wolfs v Council of the European Union and Commission of
the European Communities.

(1) OJ C 142 of 10.5.1997

(1) OJ C 142 of 10.5.1997
Removal from the Register of Case T-65/97
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for failure to act, agricultural quota, dairy production, indemnification, regulation of agricultural production

3.9.2005

EN

Official Journal of the European Union

C 217/63

Removal from the Register of Case T-58/97 (1)

Removal from the Register of Case T-65/97 (1)

(2005/C 217/128)

(2005/C 217/131)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-58/97, H.
Heringa v Council of the European Union and Commission of
the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-65/97,
Th.H.P. Neelen v Council of the European Union and Commis-
sion of the European Communities.

(1) OJ C 142 of 10.5.1997

(1) OJ C 142 of 10.5.1997

Removal from the Register of Case T-59/97 (1)

Removal from the Register of Case T-66/97 (1)

(2005/C 217/129)

(2005/C 217/132)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-59/97, A.
Lukens Folkers v Council of the European Union and Commis-
sion of the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-66/97, J.T.F.J.
Op 't Veld v Council of the European Union and Commission
of the European Communities.

(1) OJ C 142 of 10.5.1997

(1) OJ C 142 of 10.5.1997

Removal from the Register of Case T-63/97 (1)

Removal from the Register of Case T-67/97 (1)

(2005/C 217/130)

(2005/C 217/133)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-63/97, P.J.M.
Janssen v Council of the European Union and Commission of
the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-67/97, J.P.M.
Wolfs v Council of the European Union and Commission of
the European Communities.

(1) OJ C 142 of 10.5.1997

(1) OJ C 142 of 10.5.1997
Removal from the Register of Case T-50/97
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for failure to act, agricultural quota, dairy production, indemnification, regulation of agricultural production

3.9.2005

EN

Official Journal of the European Union

C 217/61

Action brought on 20 July 2005 by The Black & Decker
Corporation against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Trade mark or
cited in opposition:

sign

Non-registered trade marks and
signs, used in the course of trade
in all Member States for power
tools

(Case T-280/05)

(2005/C 217/120)

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

Decision of
of Appeal:

the Board

Annuls the contested decision and
remits the case to the Opposition
Division for further prosecution

(Language in which the application was lodged: English)

Pleas in law:

that

have

claims

applicant

the
The
opposition
been
should
declared inadmissible as it did not
identify
the
earlier marks and signs relied on,
in violation of Rule 18(1) of Regu-
lation No. 2868/1995 (1).

sufficiently

clearly

(1) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark, OJ L 303, 15/12/1995, p. 1

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Court of First Instance of the European Communities on 20
July 2005 by The Black & Decker Corporation, established in
Towson, Maryland (USA), represented by P. Harris, Solicitor.

Atlas Copco Aktiebolag established in Stockholm (Sweden),
was also a party to the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

— annul the contested decision of the First Board of Appeal of

the OHIM of 3 May 2005 (Case R 794/2004-1);

— declare opposition proceedings B622 250 inadmissible;

— order that the costs occasioned by the applicant in the
course of the present proceedings and its appeal be borne
by the OHIM.

Removal from the Register of Case T-50/97 (1)

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

The applicant

Community trade mark
concerned:

Colour mark in black and yellow
in Class 7 (manually operated
portable electric power tools etc.)

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Atlas Copco Aktiebolag

(2005/C 217/121)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-50/97,
H. Buwalda v Council of the European Union and Commission
of the European Communities.

(1) OJ C 142 of 10.5.1997.
Prior notification of a concentration (Case COMP/M.3765 — Amer/Salomon) Text with EEA relevance
Date: 2005-09-03
Institutions: European Commission
Subjects: economic concentration, merger control, sports equipment

C 216/2

EN

Official Journal of the European Union

3.9.2005

Prior notification of a concentration

(Case COMP/M.3765 — Amer/Salomon)

(2005/C 216/02)

(Text with EEA relevance)

1.
On 24 August 2005, the Commission received a notification of a proposed concentration pursuant
to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1)
by which the undertaking Amer Sports Corporation (‘Amer’, Finland) acquires within the meaning of
Article 3(1)(b) of the Council Regulation control over the Salomon business segment of adidas-Salomon
AG (‘Salomon’, Germany) by way of acquisition of shares and assets.

2.

The business activities of the undertakings concerned are:

— for Amer: manufacturing and sales of sporting goods,

— for Salomon: manufacturing and sales of sporting goods.

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3765 — Amer/Salomon, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
Removal from the Register of Case T-59/97
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for failure to act, agricultural quota, dairy production, indemnification, regulation of agricultural production

3.9.2005

EN

Official Journal of the European Union

C 217/63

Removal from the Register of Case T-58/97 (1)

Removal from the Register of Case T-65/97 (1)

(2005/C 217/128)

(2005/C 217/131)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-58/97, H.
Heringa v Council of the European Union and Commission of
the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-65/97,
Th.H.P. Neelen v Council of the European Union and Commis-
sion of the European Communities.

(1) OJ C 142 of 10.5.1997

(1) OJ C 142 of 10.5.1997

Removal from the Register of Case T-59/97 (1)

Removal from the Register of Case T-66/97 (1)

(2005/C 217/129)

(2005/C 217/132)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-59/97, A.
Lukens Folkers v Council of the European Union and Commis-
sion of the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-66/97, J.T.F.J.
Op 't Veld v Council of the European Union and Commission
of the European Communities.

(1) OJ C 142 of 10.5.1997

(1) OJ C 142 of 10.5.1997

Removal from the Register of Case T-63/97 (1)

Removal from the Register of Case T-67/97 (1)

(2005/C 217/130)

(2005/C 217/133)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-63/97, P.J.M.
Janssen v Council of the European Union and Commission of
the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-67/97, J.P.M.
Wolfs v Council of the European Union and Commission of
the European Communities.

(1) OJ C 142 of 10.5.1997

(1) OJ C 142 of 10.5.1997
Removal from the Register of Case T-54/97
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for failure to act, agricultural quota, dairy production, indemnification, regulation of agricultural production

C 217/62

EN

Official Journal of the European Union

3.9.2005

Removal from the Register of Case T-51/97 (1)

Removal from the Register of Case T-55/97 (1)

(2005/C 217/122)

(2005/C 217/125)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-51/97 G J
Meijer v Council of the European Union and Commission of the
European Communities be removed from the register.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-55/97, C.H.L.
Wijnen v Council of the European Union and Commission of
the European Communities.

(1) OJ C 142 of 10.5.1997.

(1) OJ C 142 of 10.5.1997.

Removal from the Register of Case T-53/97 (1)

Removal from the Register of Case T-56/97 (1)

(2005/C 217/123)

(2005/C 217/126)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-53/97, B.J.G.
Oude Kotte v Council of the European Union and Commission
of the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
from the Register of Case T-56/97,
ordered the removal
W.C.G.M. Stoffelen v Council of
the European Union and
Commission of the European Communities.

(1) OJ C 142 of 10.5.1997.

(1) OJ C 142 of 10.5.1997.

Removal from the Register of Case T-54/97 (1)

Removal from the Register of Case T-57/97 (1)

(2005/C 217/124)

(2005/C 217/127)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-54/97, H.J.
Leemkuil v Council of the European Union and Commission of
the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-57/97,
R. Dusselaar v Council of the European Union and Commission
of the European Communities.

(1) OJ C 142 of 10.5.1997.

(1) OJ C 142 of 10.5.1997.