Case T-123/04: Judgment of the Court of First Instance of 27 September 2005 — Cargo Partner AG v OHIM (Community trade mark — Word sign CARGO PARTNER — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Absence of distinctive character)
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: EU trade mark, action for annulment (EU), carriage of goods, carriage of passengers, insurance, preparation for market, trade-mark law

12.11.2005

EN

Official Journal of the European Union

C 281/21

Judgment of the Court of First Instance of 29 September
2005 — Thommes v Commission

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: S. Laitinen, P.
Bullock and A. von Mühlendahl, Agents)

(Case T-195/03) (1)

(Temporary agents — Installation allowance — Change in
place of employment — Refusal to acknowledge installation
of the family — Recovery of sum not due)

(2005/C 281/38)

Language of the case: German

Parties

Applicant(s): Gustav Thommes (Wezembeek-Oppem, Belgium)
(represented by: M. Thewes and V. Wiot, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall, Agent, assisted by B. Wägenbaur, lawyer)

Application for

annulment of the decision of the Third Board of Appeal of
OHIM of 25 June 2003 (Case R 85/2002-3), concerning an
application to register the word mark LIVE RICHLY as a Com-
munity trade mark

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the applicant to bear its own costs, in addition to one half

of the costs incurred by the defendant;

Application for

3) Orders the defendant to bear one half of its own costs.

Application for annulment of
the Commission's decisions
relating to the recovery of a part of the installation allowance
paid to the applicant in the context of a change in his place of
employment and the refusal to grant him an installation allow-
ance in connection with a further re-assignment.

(1) OJ C 275, 15.11.2003.

Operative part of the judgment

The Court:

1) Dismisses the action.

2) Orders each party to bear its own costs.

(1) OJ C 200, 23.8.2003.

Judgment of the Court of First Instance of 27 September
2005 — Cargo Partner AG v OHIM

(Case T-123/04) (1)

(Community trade mark — Word sign CARGO PARTNER
— Absolute ground for refusal — Article 7(1)(b) of Regu-
lation (EC) No 40/94 — Absence of distinctive character)

(2005/C 281/40)

Language of the case: German

Judgment of the Court of First Instance of 15 September
2005 — Citicorp v OHIM

(Case T-320/03) (1)

Parties

(Community trade mark — Word mark LIVE RICHLY —
Absolute grounds for refusal — Distinctive character —
Article 7(1)(b) of Regulation (EC) No 40/94 — Right to be
heard — Article 73 of Regulation No 40/94)

(2005/C 281/39)

Language of the case: English

Applicant(s): Cargo Partner AG (Fischamend, Austria)
sented by: M. Wolner, lawyer)

(repre-

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: G. Schneider,
Agent)

Application for

Parties

Applicant(s): Citicorp (New York, United States) (represented by:
V. von Bomhard, A. Renck and A. Pohlmann, lawyers)

annulment of the decision of the First Board of Appeal of
OHIM of 26 January 2004 (Case R 346/2003-1), in relation to
the application for registration of
the word sign CARGO
PARTNER as a Community trade mark

C 281/22

EN

Official Journal of the European Union

12.11.2005

Operative part of the judgment

The Court:

1) Dismisses the action.

2) Orders the applicant to pay the costs.

(1) OJ C 168, 26.6.2004.

Judgment of the Court of First Instance of 21 September
2005 — EDP v Commission

(Case T-87/05) (1)

(Competition — Concentration — Regulation
(EEC)
No 4064/89 — Decision declaring a concentration incompa-
tible with the common market — Portuguese electricity and
gas markets — Acquisition of GDP by EDP and Eni —
Directive 2003/55/EC — Liberalisation of gas markets —
Commitments)

(2005/C 281/42)

Language of the case: English

Judgment of the Court of First Instance of 15 September
2005 — Luxem v Commission

Parties

(Case T-306/04) (1)

(Officials — Recruitment — Refusal to appoint a successful
candidate in a competition who does not fulfil the conditions
of admission to the competition)

(2005/C 281/41)

Language of the case: French

Parties

Applicant(s): Monika Luxem (Brussels, Belgium) (represented by:
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall and L. Lozano Palacios, Agents)

Application for

Applicant(s): EDP — Energias de Portugal SA (Lisbon, Portugal)
(represented by C. Botelho Moniz, R. García-Gallardo, A. Weit-
brecht and J. Ruiz Calzado, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by A. Bouquet and M. Schneider, agents)

Intervener(s) in support of the defendant(s): Gas Natural SDG SA
(Barcelona, Spain) (represented by J. Perez-Bustamante Köster
and P. Suárez Fernández, lawyers)

Application for

for annulment of Commission Decision C(2004) 4715 final of
9 December 2004 declaring incompatible with the common
the concentration by which EDP — Energias de
market
Portugal SA and Eni Portugal
Investment SpA proposed to
acquire joint control of Gás de Portugal SGPS SA (Case COMP/
M.3440 — EDP/ENI/GDP

Annulment of the Commission's decision of 30 July 2003
refusing to appoint the applicant as an official

Operative part of the judgment

Operative part of the judgment

The Court:

1) Dismisses the application;

The Court:

1) Dismisses the application;

2) Orders the applicant to pay the costs;

2) Orders each party to pay its own costs.

vention.

3) Orders the parties to bear their own costs in relation to the inter-

(1) OJ C 262, 23.10.2004

(1) OJ C 82, 2.4.2005.