Case T-384/04: Judgment of the Court of First Instance of  15 December 2005  — RB Square Holdings Spain v OHIM (Community trade mark — Figurative mark containing the word element  clean x  — Opposition by the proprietor of the earlier national word and figurative marks CLEN — Rejection of the opposition — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cleaning industry, trade-mark law

25.2.2006

EN

Official Journal of the European Union

C 48/31

3. Dismisses the remainder of the action;

Order of the Court of First Instance of 25 November 2005
— Pérez-Díaz v Commission

4. Orders the Commission to bear its own costs and to pay two

thirds of those incurred by the applicant.

(Case T-41/04) (1)

(1) OJ C 262, 21.10.2004.

(Officials — Actions for annulment — Lis alibi pendens —
Late submission of the prior complaint through official chan-
nels — Application for compensation closely linked to the
claims for annulment — Manifest inadmissibility)

(2006/C 48/60)

Language of the case: French

Judgment of the Court of First Instance of 15 December
2005 — RB Square Holdings Spain v OHIM

Parties

(Case T-384/04) (1)

(Community trade mark — Figurative mark containing the
word element ‘clean x’ — Opposition by the proprietor of the
earlier national word and figurative marks CLEN — Rejec-
tion of the opposition — Article 8(1)(b) of Regulation (EC)
No 40/94)

(2006/C 48/59)

Language of the case: French

Applicant: Orlando Pérez-Díaz (Brussels, Belgium) (represented
by: M.-A. Lucas, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: H. Tserepa-Lacombe and L. Lozano Palacios, Agents)

Application for

Firstly, annulment of the Commission decision of 21 January
2003 not to enter the applicant on the reserve list of temporary
agents at the end of selection procedure COM/R/A/01/1999
and, secondly, compensation in respect of the damage allegedly
resulting from that decision.

Parties

Applicant: RB Square Holdings Spain, SL (Granollers, Spain)
(represented by: K. Manhaeve, lawyer)

Operative part of the Order

1. The action is dismissed as inadmissible;

2. Each party shall bear its own costs.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Pétrequin and A.
Rassat, Agents)

(1) OJ C 94, 17.4.2004.

Other party to the proceedings before the Board of Appeal of OHIM:
Unelko NV (Zingem, Belgium)

Action

brought against the decision of the Fourth Board of Appeal of
OHIM of 15 June 2004 (Case R 652/2002-4) relating to oppo-
sition proceedings between RB Square Holdings Spain, SL and
Unelko NV

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 300 of 4.12.2004.

Order of the Court of First Instance of 8 December 2005
— Just v Commission

(Case T-91/04) (1)

(Officials — Open competition — Multiple-choice questions
— Accuracy of the answers on the correction form — Action
manifestly unfounded in law)

(2006/C 48/61)

Language of the case: German

Parties

Applicant: Alexander Just (Hoeilaart, Belgium) (represented by:
G. Lebitsch, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: H. Krämer, assisted by B. Wägenbaur, lawyer)