Order of the Court of First Instance of 28 June 2005 in Case T-170/04: FederDoc and Others v Commission of the European Communities (Action for annulment — Regulation (EC) No 316/2004 — Common organisation of the market in wine — System governing traditional terms — Legal persons — Persons individually concerned — Inadmissibility)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition, designation of origin, intellectual property, liberalisation of the market, product designation, third country, viticulture, wine

3.9.2005

EN

Official Journal of the European Union

C 217/41

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 28 June 2005

of 28 June 2005

in Case T-158/04 Erich Drazdansky v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Application for Community word
mark ‘UUP'S’ — Earlier national word marks UP —
Dismissal of the application for restitutio in integrum (re-
establishment of rights) — Article 78(1) of Regulation (EC)
No 40/94 — Action manifestly without legal substance)

(2005/C 217/90)

in Case T-170/04: FederDoc and Others v Commission of
the European Communities (1)

(Action for annulment — Regulation (EC) No 316/2004 —
Common organisation of the market in wine — System
governing traditional terms — Legal persons — Persons indi-
vidually concerned — Inadmissibility)

(Language of the case: German)

(2005/C 217/91)

In Case T-158/04: Erich Drazdansky, residing in Wiener Neus-
tadt (Austria), represented by A.M. Leeb, lawyer, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agent: G. Schneider), the other party to the
proceedings before the OHIM Board of Appeal, and intervener
before the Court of First
Instance, being The Concentrate
Manufacturing Company of Ireland (Seven-Up International),
established in Hamilton (Bermuda), represented by M. de Justo
Bailey,
lawyer — action brought against the decision of the
Second Board of Appeal of OHIM of 3 March 2004 (Case R
611/2003-2) relating to opposition proceedings between Mr
Drazdansky and The Concentrate Manufacturing Company of
Ireland — the Court of First
Instance (Fourth Chamber),
composed of H. Legal, President, P. Lindh and V. Vadapalas,
Judges; H. Jung, Registrar, made an order on 28 June 2005, the
operative part of which is as follows:

1. The action is dismissed.

2. The applicant is ordered to pay the costs.

(1) OJ C 217 of 28.8.2004.

(Language of the case: Italian)

italiani

In Case T-170/04: Confederazione nazionale dei consorzi
volontari per la tutela delle denominazioni di origine e delle
indicazioni geografiche tipiche dei vini
(FederDoc),
established in Rome (Italy), Consorzio per la tutela dei vini
Valpolicella, established in San Floriano (Italy), Consorzio tutela
denominazione Frascati Soc. consortile coop. rl, established in
Frascati
(Italy), Consorzio del vino Brunello di Montalcino,
established in Montalcino (Italy), Cantina cooperativa di Monte-
fiascone Soc. coop. rl, established in Montefiascone (Italy),
Azienda agricola Ruggiero Giuseppa ‘Masseria Felicia’ Snc,
established in Carano di Sessa A. (Italy), Michele Moio fu Luigi
Srl, established in Mondragone (Italy), Consorzio vino Chianti
Classico, established in Radda in Chianti
(Italy), Consorzio
tutela vini DOC Colli Piacentini, established in Piacenza (Italy),
Cantine grotta del sole Srl, established in Quarto (Italy), Val
Calore Soc. coop. rl, established in Castel San Lorenzo (Italy),
Consorzio tutela Morellino di Scansano, established in Scan-
sano (Italy), Consorzio tutela vini Gambellara DOC, established
in Gambellara (Italy), Consorzio tutela dei vini Soave e Recioto
di Soave, established in Soave (Italy), Azienda vitivinicola eredi
Ing. Nicola Guglierame, established in Pornassio (Italy), Coop-
erativa agricola di Riomaggiore, Manarola, Corniglia, Vernazza
e Monterosso, established in Riomaggiore (Italy), Consorzio per
la tutela dei vini di Valtellina, established in Sondrio (Italy),
Consorzio tutela vini DOC ‘Breganze’, established in Breganze
(Italy), Consorzio volontario per la tutela del vino Marsala,

C 217/42

EN

Official Journal of the European Union

3.9.2005

established in Marsala (Italy), Consorzio vini Valdichiana, estab-
lished in Arezzo (Italy), Consorzio del vino nobile di Montepul-
ciano, established in Montepulciano (Italy), represented by L.
Spagnuolo Vigorita, P. Tanoni and R. Gandin, lawyers, against
the Commission of the European Communities (Agents: M.
Nolin and V. Di Bucci, with an address for service in Luxem-
bourg) — action for the annulment, or in the alternative,
partial
annulment of Commission Regulation (EC) No
316/2004 of 20 February 2004 amending Regulation (EC) No
753/2002 laying down certain rules for applying Council Regu-
lation (EC) No 1493/1999 as regards the description, designa-
tion, presentation and protection of certain wine sector
products (OJ 2004 L 55, p. 16) — the Court of First Instance
(Fourth Chamber),
composed of H. Legal, President, P.
Mengozzi and I. Wiszniewska-Białecka, Judges; H. Jung, Regis-
trar, made an order on 28 June 2005, the operative part of
which is as follows:

1. The action is dismissed as inadmissible.

2. The applicants
Commission.

shall bear

their own costs and those of

the

(1) OJ C 179 of 10.7.2004.

October 2003 annulling procedure 2000/C 28 A/01 for
recruitment of a Secretary General for the Committee of the
Regions and commencing a new procedure for the same post
— the Court of First Instance (Third Chamber), composed of
M. Jaeger, President, V. Tiili and O. Czúcz, Judges; H. Jung,
Registrar, made an order on 29 June 2005, the operative part
of which is as follows:

1. The action is dismissed as,

in part,

inadmissible and,

in part,

manifestly lacking any foundation in law.

2. The parties shall bear their own costs.

(1) OJ C 262 of 23.10.2004.

ORDER OF THE COURT OF FIRST INSTANCE

of 27 June 2005

in Case T-349/04 Parfümerie Douglas GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

ORDER OF THE COURT OF FIRST INSTANCE

of 29 June 2005

(Community trade mark — Removal of the earlier mark from
the register — No need to adjudicate)

in Case T-254/04: Spyridon de Athanassios Pappas v
Committee of the Regions of the European Union (1)

(Officials — Recruitment — Post of Secretary General of the
Committee of the Regions — Enforcement of a judgment of
the Court of First Instance annulling an appointment decision
— Annulment by the institution of the vacancy notice and
commencement of a new recruitment procedure)

(2005/C 217/92)

(Language of the case: French)

In Case T-254/04: Spyridon de Athanassios Pappas, residing in
Kraainem (Belgium), represented by X. Gousta, lawyer, against
Committee of the Regions of the European Union (Agent: P.
Cervilla, assisted by B. Wägenbaur, lawyer) — action for annul-
ment of the decision of the Committee of the Regions of 8

(2005/C 217/93)

(Language of the case: German)

In Case T-349/04: Parfümerie Douglas GmbH, established in
Hagen (Germany), represented by C. Schumann, lawyer, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agent: A. von Mühlendahl), the other
party to the proceedings before the OHIM Board of Appeal
having been Jürgen Heinz Douglas,
residing in Hamburg
(Germany) — action brought against the decision of the First
Board of Appeal of OHIM of 24 May 2004 (Case R 795/2002-
4)
relating to opposition proceedings between Parfümerie
Douglas GmbH and Jürgen Heinz Douglas — the Court of First
Instance (Fifth Chamber), composed of M. Vilaras, President, F.
Dehousse and D. Šváby, Judges; H. Jung, Registrar, made an
order on 27 June 2005, the operative part of which is as
follows:

1. There is no longer any need to adjudicate on the application.