Case T-18/06: Action brought on  23 January 2006  — Deutsche Telekom v OHIM
Date: 2006-04-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 86/32

EN

Official Journal of the European Union

8.4.2006

Action brought on 23 January 2006 — Deutsche Telekom
v OHIM

Form of order sought

(Case T-18/06)

(2006/C 86/64)

Language in which the application was lodged: German

Parties

The applicant claims that the Court should:

— annul Commission Decision C(2005) 3903 of 9 November
2005 on the State aid which the Federal Republic of
Germany has implemented for the introduction of digital
terrestrial television (DVB-T) in Berlin-Brandenburg;

— order the defendant to pay the costs of the proceedings.

Applicant: Deutsche Telekom AG (Bonn, Germany) (represented
by J.-C. Gaedertz, lawyer)

Pleas in law and main arguments

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

Form of order sought

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market of 17
November 2005;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘Alles, was uns
verbindet’ for goods and services in Classes 9, 16, 35, 36, 38
and 42 — Application No 3 648 441

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council
Regulation No 40/94, since the mark applied for is distinctive
in respect of the designated goods and services and is not of a
descriptive nature, because the combination of words
is
unusual and uncommon in relation to the goods and services
claimed.

The applicant
is challenging Commission Decision C(2005)
3903 final of 9 November 2005 on the State aid for the intro-
duction of digital terrestrial television (DVB-T) in Berlin-Bran-
denburg. In the contested decision the Commission stated that
the aid granted to the commercial broadcasters participating in
DVB-T was
incompatible with the common market and
ordered the Federal Republic of Germany to recover from the
beneficiaries the aid which was unlawfully made available to
them.

In support of its action the applicant submits,
in particular,
that the aid granted is compatible with the common market
and complains that the Commission made numerous errors of
judgment and assessment in its application of Article 87(3)(c)
EC. Instead of carrying out an assessment under Article 87(3)(c)
EC, the defendant used a new method of assessment of market
failure which, in the way it was carried out, was not suitable to
determine the compatibility or incompatibility of the aid with
the common market. Furthermore, the applicant submits that
the Commission did not carry out an adequate assessment
the aid
under Article 87(3)(b) EC of
granted.

the compatibility of

In addition, the applicant claims that the Commission infringed
general principles of law. It complains that the principle of
sound administration and the principle of the right to be heard
were infringed.

Action brought on 21 January 2006 — Germany v
Commission

Action brought on 24 January 2006 — Medienanstalt
Berlin-Brandenburg v Commission

(Case T-21/06)

(2006/C 86/65)

Language of the case: German

(Case T-24/06)

(2006/C 86/66)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M.
Lumma, C. Schulze-Bahr, Agents, assisted by G. Quardt,
lawyer)

Parties

Defendant: Commission of the European Communities

Applicant: Medienanstalt Berlin-Brandenburg (MABB)
(Berlin,
Germany) (represented by: M. Schütte, B. Immenkamp, lawyers)