Case T-322/03: Judgment of the Court of First Instance of  16 March 2006  — Telefon & Buch v OHIM (Community trade mark — Admissibility of the action — Unforeseeable circumstances — Application for a declaration of invalidity — Article 51(1)(a) of Regulation (EC) No 40/94 — Word mark WEISSE SEITEN — Absolute grounds for refusal — Article 7(1)(b) to (d) of Regulation No 40/94)
Date: 2006-05-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), directory, telephone, trade-mark law

6.5.2006

EN

Official Journal of the European Union

C 108/17

2) Dismisses the remainder of the application;

2. Orders the applicant to pay the costs, except those incurred by the

3) Orders the applicant to bear four fifths of its own costs and to pay
four fifths of
the costs incurred by the Commission and the
Commission to bear one fifth of its own costs and to pay one fifth
of the costs incurred by the applicant.

(1) OJ C 97, 30.4.2002

intervener;

3. Orders the intervener to bear its own costs.

(1) OJ 2003 C 6, of 8.1.2005

Judgment of the Court of First Instance of 16 March 2006
— Telefon & Buch v OHIM

(Case T-322/03) (1)

(Community trade mark — Admissibility of the action —
Unforeseeable circumstances — Application for a declaration
of invalidity — Article 51(1)(a) of Regulation (EC) No 40/94
— Word mark WEISSE SEITEN — Absolute grounds for
refusal — Article 7(1)(b) to (d) of Regulation No 40/94)

Judgment of the Court of First Instance of 15 March 2006
— Herbillon v Commission

(Case T-411/03) (1)

(Officials — Appointment — Revision of the classification
in grade — Article 31(2) of the Staff Regulations)

(2006/C 108/28)

Language of the case: French

(2006/C 108/27)

Language of the case: German

Parties

Parties:

Applicant: Telefon & Buch Verlagsgesellschaft mbH (Salzburg,
Austria) (represented by: H. Zeiner and M. Baldares del Barco,
lawyers)

Applicant: Georges Herbillon (Arlon, Belgium) (represented by:
N. Lhoëst and E. De Schietere de Lophem, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and C. Berardis-Kayser, acting as
Agents)

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

Re:

Other party or parties to the proceedings before the Board of Appeal
of OHIM, intervener before the Court of First Instance: Herold Busi-
ness Data GmbH & Co.KG (Mödling, Austria) (represented by:
A. Lensing-Kramer, C. von Nussbaum and U.Reese, lawyers)

Application for, firstly, annulment of the Commission's deci-
sion of 20 December 2002, setting the applicant's final classifi-
cation at Grade A7, step 3, and, secondly, annulment of the
Commission's decision of 29 July 2003, rejecting the appli-
cant's complaint.

Action

Operative part of the judgment

brought against the decision of the First Board of Appeal of
OHIM of 19 June 2003 (Joined Cases R 580/2001-1 and R
592/2001-1) relating to invalidity proceedings between Herold
Business Data AG and Telefon & Buch Verlagsgesellschaft
mbH,

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 35, 7.2.2004.