Case T-379/03: Judgment of the Court of First Instance of  25 October 2005  — Peek & Cloppenburg KG v OHIM (Community trade mark — Word mark Cloppenburg — Absolute grounds for refusal to register — Descriptive character — Geographical origin — Article 7(1)(c) of Regulation (EC) No 40/94)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: EU law, European Union Intellectual Property Office, action for annulment (EU), clothing industry, trade-mark law

24.12.2005

EN

Official Journal of the European Union

C 330/19

Judgment of the Court of First Instance of 27 October
2005 — Les Éditions Albert René v OHIM

Judgment of the Court of First Instance of 25 October
2005 — De Bustamante Tello v Council of the European
Union

(Case T-336/03) (1)

(Case T-368/03) (1)

(Community trade mark — Opposition proceedings —
Earlier Community and national word mark OBELIX —
Application for Community word mark MOBILIX — Article
8(1)(b) and (2) of Regulation (EC) No 40/94)

(2005/C 330/46)

Language of the case: English

Parties

Applicant(s): Les Éditions Albert René (Paris, France)
sented by: J. Pagenberg, lawyer)

(repre-

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

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Work done for another State — Meaning of ‘habitually
reside’ — Principle of equal treatment)

(2005/C 330/47)

Language of the case: Spanish

Parties

Applicant(s): Rafael De Bustamante Tello (Brussels, Belgium)
(represented by: J. García-Gallardo Gil-Fournier, D. Domínguez
Pérez and A. Sayagués Torres, lawyers)

Defendant(s): Council of the European Union (represented by:
M. Sims and D. Canga Fano, Agents)

Application for

Annulment of the Council's decision of 28 July 2003, refusing
to grant the applicant entitlement to the expatriation allowance
provided for in Article 4(1)(a) of Annex VII to the Staff Regula-
tions of Officials of the European Communities and the allow-
ances associated therewith.

Operative part of the judgment

Other party or parties to the proceedings before the Board of Appeal
of OHIM intervening before the Court of First Instance: Orange A/S
(Copenhagen, Denmark) (represented by: J. Balling, lawyer)

The Court:

1. dismisses the action;

2. orders the parties to bear their own costs.

Application for

(1) OJ C 7, 10.1.2004

annulment of the decision of the Fourth Board of Appeal of
OHIM of 14 July 2003 (Case R 0559/2002-4) in opposition
proceedings between Les Éditions Albert René and Orange A/S

Operative part of the judgment

(Case T-379/03) (1)

Judgment of the Court of First Instance of 25 October
2005 — Peek & Cloppenburg KG v OHIM

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(Community trade mark — Word mark Cloppenburg —
Absolute grounds for refusal to register — Descriptive char-
acter — Geographical origin — Article 7(1)(c) of Regulation
(EC) No 40/94)

(2005/C 330/48)

Language of the case: German

(1) OJ C 85, 3.4.2004.

Parties

Applicant(s): Peek & Cloppenburg KG (Düsseldorf, Germany)
(represented originally by U. Hildebrandt, subsequently by P.
Lange, P. Wilbert and A. Auler and, subsequently by P. Lange,
P. Wilbert, A. Auler and J. Steinberg, lawyers)

C 330/20

EN

Official Journal of the European Union

24.12.2005

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented originally by D.
Schennen and G. Schneider, and subsequently by A. von
Mühlendahl, D. Schennen and G. Schneider, Agents)

the defendant(s): Commission of the
Intervener(s) in support of
European Communities (represented by:
initially T. van Rijn
and S. Pardo Quintillán, and subsequently T. van Rijn and F.
Jimeno Fernández, Agents) and French Republic (represented
by: G. de Bergues and A. Colomb, Agents)

Application for

Annulment of the decision of the Fourth Board of Appeal of
the OHIM of 27 August 2003 (R 105/2002-4), concerning the
application for registration of the word sign Cloppenburg as a
Community trade mark

Operative part of the judgment

The Court:

1) Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) of 27 August 2003 (R 105/2002-4);

2) Orders the Office for Harmonisation in the Internal Market

(Trade Marks and Designs) to pay the costs.

(1) OJ C 35, 7.2.2004.

Application for

damages to compensate for the loss allegedly suffered by the
applicants following the Council's authorisation of the transfer
to the French Republic of part of the quota for anchovy allo-
cated to the Portuguese Republic.

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the applicants to bear their own costs and those of the

Council;

3) Orders the French Republic and the Commission to bear their own

costs.

(1) OJ C 47, 21.2.2004.

Judgment of the Court of First Instance of 19 October
2005 — Cofradía de pescadores de ‘San Pedro’ de Bermeo
and Others v Council

(Case T-415/03) (1)

(Fisheries — Conservation of the resources of the sea —
Relative stability of the fishing activities of each Member
State — Fishing quota exchanges — Transfer to the French
Republic of part of the fishing quota for anchovy allocated to
the Portuguese Republic — Annulment of the provisions
authorising that transfer — Reduction, for the Kingdom of
Spain, of the effective fishing possibilities — Non-contractual
liability of the Community — Rule of law conferring rights
on individuals — Actual damage)

Judgment of the Court of First Instance of 25 October
2005 — Fardoom and Reinard v Commission

(Case T-43/04) (1)

(Officials — Career development report — Evaluation exer-
cise 2001-2002)

(2005/C 330/50)

Language of the case: French

(2005/C 330/49)

Parties

Language of the case: Spanish

Parties

Applicant(s): Cofradía de pescadores de ‘San Pedro’ de Bermeo
(Bermeo, Spain) (and the other applicants whose names appear
in the Annex to the judgment, represented by: E. Garayar
Gutiérrez, G. Martínez-Villaseñor, A. García Castillo and M.
Troncoso Ferrer, lawyers)

Defendant(s): Council of the European Union (represented by:
M. Balta and F. Florindo Gijón, Agents)

Applicant(s): Mohammad Reza
Fardoom (Roodt-sur-Syre,
Luxembourg) and Marie-José Reinard (Bertrange, Luxembourg)
(represented by: G. Bouneou and F. Frabetti, lawyers)

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

Application for

annulment, principally, of the evaluation exercise 2001-2002
in so far as it concerns the applicants and, in the alternative, of
the applicants' career development reports in respect of that
period