Judgment of the Court of First Instance of 13 July 2005 in Case T-242/02, The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark TOP — Refusal of registration — Article 115(4) of Regulation (EC) No 40/94 — Definition of ‘written communications’ — Infringement of the principle that decisions must be adopted within a reasonable time — Infringement of the rights of the defence — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation No 40/94)
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), aromatic plant

17.9.2005

EN

Official Journal of the European Union

C 229/13

for
annulment of Article 2 of Commission Decision
2001/716/EC of 18 July 2001 relating to a proceeding
pursuant to Article 81 EC and Article 53 EEA (COMP.D.2
37.444 — SAS/Maersk Air and COMP.D.2 37.386 — Sun-Air
versus SAS and Maersk Air) (OJ 2001 L 265, p. 15), in so far
as
at
imposed
EUR 39 375 000, and, in the alternative, an application for the
reduction of that fine — the Court of First Instance (Third
Chamber), composed of J. Azizi, President, M. Jaeger and F.
Dehousse, Judges; D. Christensen, Administrator, for the Regis-
trar, gave a judgment on 18 July 2005, in which it:

applicant

fixes

fine

the

the

on

it

Commission Decision 2002/759/EC of 5 December 2001
relating to a proceeding under Article 81 of the EC Treaty
(Case COMP/37.800/F3 — Luxembourg Brewers) (OJ 2002 L
253, p. 21), in so far as it concerns the applicants, and, second,
principally, annulment of Article 2 of that decision in so far as
it imposes fines on the applicants and,
in the alternative, a
substantial reduction in the amount of those fines — the Court
of First Instance (Second Chamber), composed of A.W.H. Meij,
President, N.J. Forwood and I. Pelikánová, Judges; I. Natsinas,
Administrator, for the Registrar, gave a judgment on 27 July
2005, in which it:

1. Dismisses the application;

1. Dismisses the application;

2. Orders the applicant to pay its own costs and those incurred by

2. Orders the applicant to pay the costs.

the Commission.

(1) OJ C 369, de 22.12.2001

(1) OJ C 109 of 4.05.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 27 July 2005

of 13 July 2005

in Joined Cases T-49/02 to T-51/02 Brassierie nationale SA
(formerly Brasseries Funck-Bricher and Bofferding) and
Others v Commission of the European Communities (1)

in Case T-242/02, The Sunrider Corp. v Office for Harmo-
nisation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Cartels — Luxembourg beer market — Fines)

(2005/C 229/25)

(Language of the case: French)

(Community trade mark — Word mark TOP — Refusal of
registration — Article 115(4) of Regulation (EC) No 40/94
— Definition of ‘written communications’ — Infringement
of the principle that decisions must be adopted within a
reasonable time — Infringement of the rights of the defence
— Absolute grounds for refusal — Article 7(1)(b) and (c) of
Regulation No 40/94)

In Joined Cases T-49/02 to T-51/02: Brassierie nationale SA
(formerly Brasseries Funck-Bricher and Bofferding), established
in Bascharage (Luxembourg), represented by A. Carnelutti and
L. Schiltz, lawyers, with an address for service in Luxembourg,
Brasserie Jules Simon et Cie SCS, established in Wiltz (Luxem-
bourg), represented by A. Carnelutti and J. Mosar,
lawyers,
Brasserie Battin SNC, established in Esch-sur-Alzette (Luxem-
bourg), represented by A. Carnelutti and M. Santini, lawyers,
against Commission of the European Communities (Agents: W.
Wils and A. Bouquet, with an address for service in Luxem-
for annulment of Article 1 of
bourg) — application,

first,

(2005/C 229/26)

(Language of the case: Greek)

In Case T-242/02: The Sunrider Corp., established in Torrance,
California (United States), represented initially by M. Bra and
subsequently by N. Dontas, lawyers, with an address for service
in Luxembourg, against Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents: O.
Waelbroeck and P. Geroukalos) — action brought against the

C 229/14

EN

Official Journal of the European Union

17.9.2005

decision of the First Board of Appeal of OHIM of 30 May 2002
(Case R 314/1999-1), concerning an application for registration
of the word mark TOP as a Community trade mark — the
Instance (Fourth Chamber), composed of H.
Court of First
Legal, President, P. Mengozzi and I. Wiszniewska-Białecka,
Judges; H. Jung, Registrar, gave a judgment on 13 July 2005, in
which it:

between Bodegas Murúa SA and Julián Murúa Entrena — the
Court of First
Instance (Fourth Chamber), composed of H.
Legal, President, P. Mengozzi and I. Wiszniewska-Białecka,
J. Palacio González, Principal Administrator, for the
Judges;
Registrar, gave a judgment on 13 July 2005, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 261 of 26.10.2002.

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 101 of 26.4.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 July 2005

of 14 July 2005

in Case T-40/03: Julián Murúa Entrena v Office for Harmo-
nisation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Application for figurative Com-
munity trade mark including the verbal element
‘Julián
Murúa Entrena’ — Opposition by the proprietor of the
Spanish and international work mark MURÚA — Refusal to
register — Relative ground for refusal — Article 8(1)(b) of
Regulation (EC) No 40/94 — Surname)

in Case T-126/03 Reckitt Benckiser (España), SL v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings — Likeli-
hood of confusion — Proof of use of earlier mark — Applica-
tion for Community word mark ALADIN — Earlier national
word mark ALADDIN — Articles 8(1)(b) and 43(2) and (3)
of Regulation (EC) No 40/94)

(2005/C 229/27)

(Language of the case: Spanish)

(2005/C 229/28)

(Language of the case: English)

Julián Murúa Entrena, residing in Elciego
In Case T-40/03:
(Spain), represented by I. Temiño Ceniceros,
lawyer, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: I. de Medrano Caballero and G.
Schneider), the other party to the proceedings before the Board
intervener before the Court of First
of Appeal of OHIM,
Instance, being Bodegas Murúa SA — action against the Deci-
sion of the Second Board of Appeal of OHIM of 9 December
2002 (Case R 599/1999-2) relating to opposition proceedings

represented by M. Esteve Sanz,

In Case T-126/03: Reckitt Benckiser (España), SL, established in
Barcelona (Spain),
lawyer,
against Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: A. von Mühlendahl, I. de
Medrano Caballero and A. Folliard-Monguiral), the other party
to the proceedings before the Board of Appeal of OHIM having
been Aladin Gesellschaft
innovative mikrobiologische
für
Systeme GmbH, established in Luckenwalde (Germany) —
action brought against
the First Board of
Appeal of OHIM of 31 January 2003 (Case R 389/2002-1),
relating to opposition proceedings between Reckitt Benckiser

the decision of