Case T-48/06: Action brought on  17 February 2006  — Astex Therapeutics v OHIM
Date: 2006-04-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law

C 86/40

EN

Official Journal of the European Union

8.4.2006

Pleas in law and main arguments

The applicant applied for registration of the domain ‘galileo.eu’
as an eu. Top Level Domain. The Registry, EURid, refused that
registration on the ground that
the domain applied for is
reserved for the defendant.

In support of its application the applicant alleges infringement
of Article 9 of Regulation (EC) No 874/2004 (1). In addition, it
claims that its rights under the second paragraph of Article 2,
the first subparagraph of Article 10(1) and the third sub-
paragraph of Article 12(2) of Regulation No 874/2004 have
been infringed.

(1) Commission Regulation (EC) No 874/2004 of 28 April 2004 laying
down public policy rules concerning the implementation and func-
tions of the .eu Top Level Domain and the principles governing
registration.

order that the Office is jointly and severally liable with the
opponent for the applicant's/appellant's costs incurred in
connection with this appeal before the Court of First
Instance.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: Figurative mark ‘Astex Tech-
nology’ for goods in class 5 (pharmaceuticals)

Proprietor of the mark or sign cited in the opposition proceed-
ings: Protec Health International Limited.

Mark or sign cited: Community word trade mark ‘Astex’ for
goods and services in classes 5 (insecticides for killing dust
mites) and 24 (textiles etc.)

Decision of the Opposition Division: Refuses registration

Decision of the Board of Appeal: Dismisses the appeal

Action brought on 17 February 2006 — Astex Therapeu-
tics v OHIM

Pleas in law: Violation of Article 8(1)(b) of Council Regulation
(EC) No. 40/94.

(Case T-48/06)

(2006/C 86/78)

Language in which the application was lodged: English

Action brought on 17 February 2006 — Ireland v
Commission

Parties

Applicant: Astex Therareutics Limited (Cambridge, United
Kingdom) [represented by: M. Edenborough, Barrister, and R.
Harrison, Solicitor]

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Parties

(Case T-50/06)

(2006/C 86/79)

Language of the case: English

Other party to the proceedings before the Board of Appeal: Protec
Health International Limited (Cirencester, United Kingdom)

Applicant:
McGarry, Barrister]

Ireland [represented by: D. O'Hagan, agent, P.

Defendant: Commission of the European Communities

Form of order sought

— annul the contested decision of the Second Board of Appeal
of the OHIM, of 29 November 2005, in case R 651/2004
— 2 in its entirety or, alternatively, in part;

— order that the opponent pays to the applicant/appellant the
in connection
costs incurred by the applicant/appellant
with this appeal (if the opponent intervenes in this appeal)
and the appeal before the Board of Appeal and the opposi-
tion before the Opposition Division (in any event). Further,

Form of order sought

— Annul, in whole or in part, pursuant to Article 230 of the
Treaty, Commission Decision C[2005] 4436 Final of 7
December insofar as it relates to the exemption from excise
duty on mineral oils used as fuel for alumina production in
the Shannon region implemented by Ireland;

— order the Commission to pay the costs of these proceed-

ings.